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

[2020] FWCA 1934

[2020] FWCA 1934

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 Yatala; United Imports & Exports Co Pty Ltd T/A Bidfood Yatala
(AG2020/501)

BIDFOOD YATALA– ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER BOOTH	BRISBANE, 14 APRIL 2020

Application for approval of the Bidfood Yatala- Enterprise Agreement 2020.

[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 Yatala; United Imports & Exports Co Pty Ltd T/A Bidfood Yatala (the Applicant) for approval of Bidfood Yatala- Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 10 March 2020, raising concerns in relation to the Agreement.

[3] The Applicant filed submissions and undertakings addressing the concerns raised, on 16 March 2020.

[4] 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.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, having considered the submissions of the Applicant in this matter, in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[6] It is noted clause 2.6 – abandonment of employment, may be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at clause 1.3.4 of the Agreement, I am satisfied that where the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

[7] Subject to the undertakings provided and the matters raised at paragraphs [5]-[6], 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.

[8] The United Workers’ Union (the UWU) filed a Form F18 in this matter, advising that it supports 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(2), I note that the Agreement covers the UWU.

[9] The Agreement is approved and, in accordance with clause 1.3.1 of the Agreement and s.54 of the Act, 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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<AE507752  PR718244>

Attachment A