BPL Adelaide Pty Limited

Case

[2024] FWCA 1569

7 MAY 2024


[2024] FWCA 1569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BPL Adelaide Pty Limited

(AG2024/1297)

BPL ADELAIDE PTY LIMITED (PRODUCTION AND DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2024 – 2028

Poultry processing

DEPUTY PRESIDENT COLMAN

MELBOURNE, 7 MAY 2024

Application for approval of the BPL Adelaide Pty Limited (Production and Distribution Employees) Enterprise Agreement 2024 – 2028

  1. BPL Adelaide Pty Limited has made an application for approval of an enterprise agreement known as the BPL Adelaide Pty Limited (Production and Distribution Employees) Enterprise Agreement 2024 – 2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. While the application is generally in order, the notice of employee representational rights that was provided to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

  1. The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the UWU.

  1. The Agreement was approved on 7 May 2024.

DEPUTY PRESIDENT
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