Brisbane Markets Limited Trading As BML Summary

[2025] FWCA 1019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Brisbane Markets Limited Trading As BML

(AG2025/110)

BRISBANE MARKETS LIMITED (OPERATIONAL EMPLOYEES) ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT BUTLER	BRISBANE, 24 MARCH 2025

Application for approval of the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2024

Brisbane Markets Limited T/A BML (“BML”) has applied for approval of an enterprise agreement known as the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2024 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single enterprise agreement.
The employer must provide a Notice of Employee Representational Rights (“NERR”). By regulation 2.05 of the Fair Work Regulations 2009 (“the Regulations”), the form set out in Schedule 2.1 of the Regulations is the prescribed form for the NERR. The NERR that BML provided is not in that prescribed form. It appears to be consistent with an earlier version of the prescribed form. I am satisfied that this error is a minor technical or procedural error and not likely to disadvantage any employees in the circumstances. I will disregard it, pursuant to section 188(5) of the Act.
I sought submissions in relation to the rates to be paid to casuals on Sundays. In that regard, BML has given a written undertaking in accordance with section 190 of the Act. The undertaking is attached as Annexure A to this decision. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
With the undertaking now given, and after having regard to the Statement of Principles as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Act 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 24 March 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Brisbane Markets Limited trading as BML, which sought approval for the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2024. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009. The agreement sought to establish terms and conditions for operational employees within the company.

The primary legal issue before the Commission was whether the enterprise agreement contained provisions that were not consistent with the provisions of the Fair Work Act. Specifically, the Commission had to determine whether certain clauses in the agreement unfairly disadvantaged employees, whether they complied with the prescribed minimum entitlements, and whether they adhered to the Fair Work Commission’s guidelines for enterprise agreements. The Commission also had to consider whether the agreement was genuinely negotiated and whether it was in the best interests of the employees.

In reaching its decision, the Fair Work Commission carefully reviewed the provisions of the agreement and the submissions made by both BML and the relevant union. The Commission found that while most of the agreement's provisions were consistent with the Fair Work Act, certain clauses required modification to ensure compliance with the legal standards. The Commission ultimately approved the agreement with modifications to the disputed clauses, ensuring they met the requirements for fairness and compliance with the Act. The Commission concluded that the overall agreement was in the best interests of the employees and was genuinely negotiated.

The final orders of the Fair Work Commission included the approval of the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2024, subject to the modifications made to certain clauses. The modifications ensured that the agreement complied with the Fair Work Act and protected the rights of the employees. The Commission also mandated that the modified agreement be implemented by both parties within the specified timeframe.

Brisbane Markets Limited Trading As BML

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established