Bremick Pty Ltd

Case •

[2023] FWCA 2548

•

15 AUGUST 2023
[2023] FWCA 2548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bremick Pty Ltd

(AG2023/2502)

BREMICK PTY LTD ENTERPRISE AGREEMENT 2023

Storage services

DEPUTY PRESIDENT ROBERTS

SYDNEY, 15 AUGUST 2023

Application for approval of the Bremick Pty Ltd Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Bremick Pty Ltd 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 Bremick Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated that they are not opposed to the undertakings provided. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

  1. I note that Clause 1.4.1 of the Agreement provides that the National Employment Standards (NES) apply to Employees covered by this Agreement, except where this Agreement provides a more favourable outcome. If a term of this Agreement is detrimental to an Employee when compared to a standard, the standard prevails over a term of this Agreement.

  1. The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521110  PR765182>

Annexure A

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