Burleigh Marr Distributions Pty Ltd t/a Bidfood Mackay; United Imports & Exports Co Pty Ltd t/a Bidfood Mackay

[2021] FWCA 3970

[2021] FWCA 3970

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 Mackay; United Imports & Exports Co Pty Ltd t/a Bidfood Mackay
(AG2021/5602)

BIDFOOD MACKAY – ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 8 JULY 2021

Application for approval of the Bidfood Mackay - Enterprise Agreement 2021.

[1] The two entities trading as Bidfood Mackay have applied for approval of a single enterprise agreement known as the Bidfood Mackay - Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] I am satisfied that the two entities trading as Bidfood Mackay are single-interest employers within the meaning of s.172(5)(b) of the Act. A single declaration was filed on behalf of both employers. To the extent necessary, I consider this an appropriate case to dispense with compliance with Rule 24(1) and do so pursuant to Rule 6 of the Fair Work Commission Rules 2013 (Cth).

[3] 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).

[4] Since the application was made, the Commission raised concerns including about whether the Agreement passes the “better off overall test”. Further information was provided in relation to these concerns.

[5] Noting clause 1.3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[7] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 8 July 2021 and, in accordance with s.54, will operate from 15 July 2021. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

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