Burleigh Marr Distributions Pty Ltd T/A Bidfood Gold Coast, United Imports & Exports Co Pty Ltd T/A Bidfood Gold Coast

Case •

[2023] FWCA 1091

•

18 APRIL 2023
[2023] FWCA 1091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Gold Coast, United Imports & Exports Co Pty Ltd T/A Bidfood Gold Coast

(AG2023/860)

BIDFOOD GOLD COAST– ENTERPRISE AGREEMENT 2023

Storage services

DEPUTY PRESIDENT MASSON

MELBOURNE, 18 APRIL 2023

Application for approval of the Bidfood Gold Coast– Enterprise Agreement 2023.

  1. An application has been made for approval of an enterprise agreement known as the Bidfood Gold Coast– Enterprise Agreement 2023 (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 Gold Coast and United Imports & Exports Co Pty Ltd T/A Bidfood Gold Coast. The Agreement is a single enterprise agreement.

  1. The Employer has 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.

  1. 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.

  1. I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2023. The nominal expiry date of the Agreement is 1 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519749  PR761111>

Annexure A

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