Burleigh Marr Distributions Pty Ltd T/A Bidfood Richlands; United Imports & Exports Co Pty Ltd T/A Bidfood Richlands

[2019] FWCA 5227

[2019] FWCA 5227

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 Richlands; United Imports & Exports Co Pty Ltd T/A Bidfood Richlands
(AG2019/2031)

BIDFOOD RICHLANDS– ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER BOOTH	BRISBANE, 26 JULY 2019

Application for approval of the Bidfood Richlands- 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 Richlands; United Imports & Exports Co Pty Ltd T/A Bidfood Richlands (Bidfood Richlands) for approval of the Bidfood Richlands– Enterprise Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] The matter was listed for a telephone conference on 8 July 2019, to discuss a number of concerns in relation to the Agreement.

[3] Further to the conference in this matter, Bidfood Richlands filed submissions and signed undertakings addressing the concerns raised.

[4] Correspondence was sent to the bargaining representatives on 10 July 2019, seeking any response to the undertakings. No objections to the undertakings were received.

[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] As clause 1.5.9 of the Agreement is more restrictive than s.203 of the Act in relation to the termination of a flexibility agreement, the model flexibility term as set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Transport Workers’ Union (the TWU) and the National Union of Workers (the NUW) filed Form F18s in this matter, providing support for 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 TWU and the NUW.

[8] 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.

[9] 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 July 2022.

COMMISSIONER

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Attachment A