Burleigh Marr Distributions Pty Ltd T/A Bidfood Cairns

[2019] FWCA 7761

[2019] FWCA 7761

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 Cairns
(AG2019/3184)

BIDFOOD CAIRNS – ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER BOOTH	BRISBANE, 13 NOVEMBER 2019

Application for approval of the Bidfood Cairns - Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Burleigh Marr Distributions Pty Ltd T/A Bidfood Cairns (the Applicant) for approval of the Bidfood Cairns - Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the bargaining representatives on 1 October 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and proposed undertakings addressing the concerns raised, on 21 October 2019.

[4] The matter was listed for a telephone conference on 1 November 2019, further to which the Applicant provided signed undertakings on 5 November 2019.

[5] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] Subject to the undertakings provided I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The United Workers’ Union (UWU) (National Union of Workers at the time of signing) and the Transport Workers’ Union of Australia (TWU) filed Form F18s in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the UWU and the TWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 March 2021.

COMMISSIONER

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Attachment A