Burleigh Marr Distributions Pty Ltd T/A Bidfood Cairns, United Imports & Exports Co Pty Ltd T/A Bidfood Cairns
[2023] FWCA 1561
•30 MAY 2023
| [2023] FWCA 1561 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Burleigh Marr Distributions Pty Ltd T/A Bidfood Cairns, United Imports & Exports Co Pty Ltd T/A Bidfood Cairns
(AG2023/1175)
BIDFOOD CAIRNS – ENTERPRISE AGREEMENT 2023
| Storage services | |
| COMMISSIONER P RYAN | SYDNEY, 30 MAY 2023 |
Application for approval of the Bidfood Cairns – Enterprise Agreement 2023
enterprise agreement known as the Bidfood Cairns – Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Single Interest Employers
The Agreement is expressed to cover two employers: the Applicant and United Imports & Exports Co Pty Ltd. Having regard to the materials filed, I am satisfied that the Applicant and United Imports & Exports Co Pty Ltd are related bodies corporate (see s.172(5)(b) of the FW Act).
Section 190 Undertakings
The Employer 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
Sections 186, 187, 188 and 190
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.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
National Employment Standards
I observe that clauses 2.3.2 and 2.6.2 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 June 2023. The nominal expiry date of the Agreement is 1 March 2026.
COMMISSIONER
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