Burleigh Marr Distributions Pty Ltd T/A Bidfood Brisbane, Bidfood Gold Coast, Bidfood Cairns, Bidfood Mackay, Bidfood Sunshine Coast, Bidfood Townsville, Bidfood Toowoomba, Bidfood Logistics Brisbane and Bidfood...

[2019] FWCA 5357

[2019] FWCA 5357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Brisbane, Bidfood Gold Coast, Bidfood Cairns, Bidfood Mackay, Bidfood Sunshine Coast, Bidfood Townsville, Bidfood Toowoomba, Bidfood Logistics Brisbane and Bidfood Hervey Bay
(AG2019/2139)

BIDFOOD BRISBANE & REGIONAL SITES - ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 1 AUGUST 2019

Application for approval of the Bidfood Brisbane & Regional Sites - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Brisbane & Regional Sites – Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burleigh Marr Distributions Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] Mr Peter Biagini, Queensland Branch Secretary of the Transport Workers’ Union of Australia (TWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the TWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[4] Mr Godfrey Moase, Assistant General Branch Secretary of the National Union of Workers (NUW), a bargaining representative for the Agreement, also filed a Form F18 statutory declaration stating the NUW supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[6] 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.

[7] In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU and the NUW.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

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Appendix A.