Burra Foods Pty Ltd

[2021] FWCA 6955

[2021] FWCA 6955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burra Foods Pty Ltd
(AG2021/8385)

BURRA FOODS PTY LTD & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020 – 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 DECEMBER 2021

Application for approval of the Burra Foods Pty Ltd & United Workers Union Enterprise Agreement 2020 – 2023.

[1] An application has been made for approval of an enterprise agreement known as the Burra Foods Pty Ltd & United Workers Union Enterprise Agreement 2020 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burra Foods Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 10 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The United Workers’ Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514131  PR736396>