BPK Pty Ltd T/A Shamrock Marketing
[2024] FWCA 513
•5 FEBRUARY 2024
| [2024] FWCA 513 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
BPK Pty Ltd T/A Shamrock Marketing
(AG2024/64)
SHAMROCK MARKETING ENTERPRISE AGREEMENT 2023
| Storage services | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 5 FEBRUARY 2024 |
Application for approval of the Shamrock Marketing Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Shamrock Marketing Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BPK Pty Ltd T/A Shamrock Marketing (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 4.6.1 – Maximum Weekly Hours.
· Clause 5.1.5 – Deduction/Withholding of monies due to the employee under the NES on termination.
· Clause 5.2.8 – Redundancy – Exemption where Transmission of Business occurs.
However, noting clause 1.4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 6 December 2027.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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