Application for approval of the BR International Edinburgh Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the BR International Edinburgh Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The application was made by BR International Logistics Pty Ltd (the Applicant). Other supporting documents filed with the application referred to the Applicant Employer as the Trustee for the A Poole Trust & the Trustee for Bourne Family Trust trading as BR International Logistics Pty Ltd. The Applicant Employer has subsequently clarified that the relevant employing entity is BR International Logistics Pty Ltd.

[3] The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being 'BR International Edinburgh Enterprise Agreement 2021'. The Applicant confirms that it was a slight error. I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

[4] 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.

[5] 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.

[6] I observe that clause 20.1.5 relating to notice for personal/carers leave and clause 22.3.3 relating to notice of leave for reasons of family and domestic violence may be inconsistent with the National Employment Standards (NES) in that notice is expected before a shift commences, or on the first day of absence, rather than as soon as reasonably practicable in accordance with s.107(2) of the Act. Further, clause 24.4.2 may be inconsistent with the NES because it does not provide for an individual employee to agree with the employer to substitute a nominated public holiday for another day.

[7] However, noting clause 5.2 of the Agreement that provides precedence to the benefits contained in the NES, 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.

[8] The Shop, Distributive and Allied Employees Association (SDA) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the SDA.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act from 3 November 2025. The nominal expiry date of the Agreement is 8 July 2027.

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