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

[2019] FWCA 6236

[2019] FWCA 6236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Rockhampton; United Imports & Exports Co Pty Ltd T/A Bidfood Rockhampton
(AG2019/1998)

BIDFOOD ROCKHAMPTON- ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 6 SEPTEMBER 2019

Application for approval of the Bidfood Rockhampton- Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Rockhampton- Enterprise Agreement 2019 (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 Rockhampton; United Imports & Exports Co Pty Ltd T/A Bidfood Rockhampton. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that clauses 2.6.2, 5.4, 5.5, 5.7.5, 5.7.6 & 7.1.6 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

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<AE505173  PR712108>

Annexure A