Tradelink Pty Ltd T/A Tradelink Pty Ltd

[2023] FWC 199

[2023] FWC 199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tradelink Pty Ltd T/A Tradelink Pty Ltd

(AG2022/5379)

TRADELINK ENTERPRISE AGREEMENT (QLD) 2023

Retail industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 23 JANUARY 2023

Application for approval of the Tradelink Enterprise Agreement (QLD) 2023

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

1. The Applicant has provided written undertakings. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provisions may be inconsistent with the National Employment Standards (NES):

·   Clause 19.6 – Withholding of NES entitlements

However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 January 2027.

DEPUTY PRESIDENT

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