Burleigh Marr Distributions Pty Ltd T/A Bidfood Toowoomba

[2019] FWCA 5548

[2019] FWCA 5548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Toowoomba
(AG2019/676)

BIDFOOD TOOWOOMBA – ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER LEE	SYDNEY, 9 AUGUST 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Toowoomba - 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 Toowoomba. 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.

[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 the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 2.2.5 - Notice of Termination by an Employee

•  Clause 2.3.6 - Entitlement to Redundancy

However, noting clause 1 of the undertaking provided, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

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Annexure A