P. Manettas & Co. Technical Pty Limited T/A Bidfood Imports Melbourne

[2019] FWCA 1775

[2019] FWCA 1775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P. Manettas & Co. Technical Pty Limited T/A Bidfood Imports Melbourne
(AG2018/5323)

BIDFOOD IMPORTS MELBOURNE - ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 MARCH 2019

Application for approval of the Bidfood Imports Melbourne - Enterprise Agreement 2018.

[1] P. Manettas & Co. Technical Pty Limited T/A Bidfood Imports Melbourne has made an application for approval of an enterprise agreement known as the Bidfood Imports Melbourne – Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act and supported by the bargaining representatives. A copy of the undertakings is attached at 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] I am also satisfied that the application lodged contained errors in the form of an incomplete Agreement signature page and a typographical error at clause 3.1(e) of the Agreement. The Applicant has filed an amended Agreement signature page and an amended Agreement correcting the typographical error at clause 3.1(e). I am satisfied that these corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The National Union of Workers, 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.

[7] The Agreement was approved on 19 March 2019 and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

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Annexure A