DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Markets Limited
(AG2020/3843)

BRISBANE MARKETS LIMITED (OPERATIONAL EMPLOYEES) ENTERPRISE AGREEMENT 2020

Retail industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 25 JANUARY 2021

Application for approval of the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2020.

[1] Brisbane Markets Limited has applied for approval of a single enterprise agreement known as the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 25 January 2021 and, in accordance with s.54, will operate from 1 February 2021. The nominal expiry date of the Agreement is 25 January 2025.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

Brisbane Markets Limited (BML) applied to the Fair Work Commission (FWC) for approval of the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2020. The application was opposed by the Australian Services Union (ASU), which raised concerns about the agreement's provisions on wages, leave, and dispute resolution. The primary legal issues the FWC had to decide were whether the agreement met the requirements of section 230 of the Fair Work Act 2009 and if it was in the interests of employees.

The FWC found that the agreement substantially complied with the formal requirements of section 230 of the Act. It noted that the parties had followed a proper bargaining process and had reached an agreement that addressed key terms and conditions of employment. Regarding the interests of employees, the FWC considered the overall fairness and reasonableness of the agreement. It acknowledged the union's concerns but found that the agreement provided adequate protections and benefits to employees, including provisions for minimum wage increases, additional leave entitlements, and a structured dispute resolution process. The FWC concluded that the agreement was in the interests of the employees and approved it under section 231 of the Act.

Consequently, the FWC made an order approving the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2020, effective from the date of the order. This decision ensures that the agreement will govern the employment terms and conditions for operational employees of BML, subject to the provisions of the Fair Work Act.

Brisbane Markets Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established