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austlii:cth/FWCA/2025/1019
General information, not legal advice.
FWCA
2025-03-24
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
BRISBANE MARKETS LIMITED (OPERATIONAL EMPLOYEES) ENTERPRISE AGREEMENT 2024
Application for approval of the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2024
[1] Brisbane Markets Limited T/A BML ("BML") has applied for approval of an enterprise agreement known as the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2024 ("the Agreement"). The Application was made under s.185 of the Fair Work Act 2009 ("the Act"). The Agreement is a single enterprise agreement.
[2] The employer must provide a Notice of Employee Representational Rights ("NERR"). By regulation 2.05 of the Fair Work Regulations 2009 ("the Regulations"), the form set out in Schedule 2.1 of the Regulations is the prescribed form for the NERR. The NERR that BML provided is not in that prescribed form. It appears to be consistent with an earlier version of the prescribed form. I am satisfied that this error is a minor technical or procedural error and not likely to disadvantage any employees in the circumstances. I will disregard it, pursuant to section 188(5) of the Act.
[3] I sought submissions in relation to the rates to be paid to casuals on Sundays. In that regard, BML has given a written undertaking in accordance with section 190 of the Act. The undertaking is attached as Annexure A to this decision. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
[4] With the undertaking now given, and after having regard to the Statement of Principles as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
[5] Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 24 March 2029.
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