Buderim Foods Pty Ltd T/A Buderim Ginger

[2021] FWCA 3576

[2021] FWCA 3576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buderim Foods Pty Ltd T/A Buderim Ginger
(AG2021/4528)

BUDERIM FOODS PTY LTD ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 21 JUNE 2021

Application for approval of the Buderim Foods Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Buderim Foods Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buderim Foods Pty Ltd T/A Buderim Ginger. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I note that clauses 6.3.1(2)(b), 6.2 and 3.11(4) of the Agreement may be inconsistent with the National Employment Standards (NES), however noting the NES precedence term at clause 3.1(8) of the Agreement, I am satisfied that the NES will prevail to the extent of any inconsistency between this Agreement and the NES.

[5] The United Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511924  PR730916>

ANNEXURE A