Burleigh Marr Distributions Pty Ltd, United Imports & Exports Co Pty Ltd

[2025] FWCA 3114

[2025] FWCA 3114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd, United Imports & Exports Co Pty Ltd

(AG2025/2862)

BIDFOOD YATALA– ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 16 SEPTEMBER 2025

Application for approval of the Bidfood Yatala– Enterprise Agreement 2025

1. Burleigh Marr Distributions Pty Ltd and United Imports & Exports Co Pty Ltd (the Employers) have applied for approval of an enterprise agreement known as the Bidfood Yatala– Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that the Employers are single interest employers pursuant to s.172(5A) of the Act. The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employers, and as a result, the Employers have provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

1. I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the Employers, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The UWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2025. The nominal expiry date of the Agreement is 1 July 2028.

Section 218A variation

1. In correspondence issued to the parties, I advised of a clause referencing error throughout the Agreement. The Agreement consistently refers to clause 7.9 as the annual salaries provision. However, terms relating to annual salaries are contained within clause 7.8 of the Agreement.

1. I expressed my view to the parties that the reference to clause 3.1.2(c) in clause 4.6(c) of the Agreement was an obvious error, defect or irregularity within the meaning of s.218A of the Act. I sought the views of the parties as to whether the Commission should vary the Agreement to correct the error under s.218A. The Employers submitted that references to clause 7.9 are incorrect and that the Commission should exercise its discretion under s.218A of the Act to correct the error by varying the Agreement. The UWU similarly confirmed that it had no concerns with the Commission varying the Agreement under s.218A.

1. I am satisfied that the references to clause 7.9 throughout the Agreement insofar as they refer to the annual salary provisions are obvious typographical errors within the meaning of s.218A(1) of the Act. The variation sought by the Employers would amend replace those references to clause 7.9 with references to clause 7.8 of the Agreement.

1. 
   I exercise my discretion to vary the Agreement under s.218A of the Act to correct the obvious typographical errors. The variation sought will operate from the operative date of the Agreement, being 23 September 2025. The Employers have provided a revised copy of the Agreement containing the correct references to clause 7.8, which will be published alongside this decision.

COMMISSIONER

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Annexure A – Undertakings