Tradelink Pty Ltd T/A Tradelink Pty Ltd
[2023] FWCA 245
•23 JANUARY 2023
[2023] FWCA 245
The attached document replaces the document previously issued with the code [2023] FWC 199 on 23 January 2023 to amend document referencing.
Associate to Deputy President Dobson
Dated 24 January 2023
| [2023] FWCA 245 |
| 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
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.
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.
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.
Pursuant to s.190(3) of the Act, I accept the undertakings.
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.
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.
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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