John Lewis Foodservice Pty Ltd T/A Bidfood Darwin

Case

[2024] FWCA 412

31 JANUARY 2024


[2024] FWCA 412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Lewis Foodservice Pty Ltd T/A Bidfood Darwin

(AG2023/5544)

BIDFOOD DARWIN - ENTERPRISE AGREEMENT 2023

Storage services and wholesale industry

COMMISSIONER CRAWFORD

SYDNEY, 31 JANUARY 2024

Application for approval of the Bidfood Darwin – Enterprise Agreement 2023.

  1. An application has been made for approval of an enterprise agreement known as the Bidfood Darwin – Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Lewis Foodservice Pty Ltd. The Agreement is a single enterprise agreement.

  1. The application was required to be filed within 14 days after it was made on 15 December 2023 in accordance with s.185(3) of the Act. As it was not filed until 30 December 2023, it was filed one day after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

  1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 1.3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 January 2027.

COMMISSIONER

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