Burleigh Marr Distributions Pty Ltd T/A Bidfood Colmslie, United Imports & Exports Co Pty Ltd T/A Bidfood Colmslie
[2022] FWCA 2893
•23 AUGUST 2022
| [2022] FWCA 2893 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Burleigh Marr Distributions Pty Ltd T/A Bidfood Colmslie, United Imports & Exports Co Pty Ltd T/A Bidfood Colmslie
(AG2022/2190)
BIDFOOD COLMSLIE– ENTERPRISE AGREEMENT 2022
| Miscellaneous | |
| COMMISSIONER P RYAN | SYDNEY, 23 AUGUST 2022 |
Application for approval of the Bidfood Colmslie– Enterprise Agreement 2022
Burleigh Marr Distributions Pty Ltd (the Applicant) made an application for approval of an enterprise agreement known as the Bidfood Colmslie– Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the 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 Act).
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the 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
Section 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.
Section 183 Bargaining representative
The Transport Workers Union (TWU) and the United Workers Union (UWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.
In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU and the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2022. The nominal expiry date of the Agreement is 1 July 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE517142 PR745093>
0
0
0