Burleigh Marr Distributions Pty Ltd T/A Bidfood Bundaberg and United Imports & Exports Co Pty Ltd T/A Bidfood Bundaberg

[2024] FWCA 976

[2024] FWCA 976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Bundaberg and United Imports & Exports Co Pty Ltd T/A Bidfood Bundaberg

(AG2024/525)

BIDFOOD BUNDABERG – ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER WILSON	MELBOURNE, 19 MARCH 2024

Application for approval of the Bidfood Bundaberg – Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Bidfood Bundaberg – Enterprise Agreement 2024 (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 T/A Bidfood Bundaberg and United Imports & Exports Co Pty Ltd T/A Bidfood Bundaberg. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 25 January 2024 and the Agreement was made on 20 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2024. The nominal expiry date of the Agreement is 1 February 2027.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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