Burleigh Marr Distributions Pty Ltd Trading AS Bidfood Gladstone, United Imports & Exports Co Pty Ltd

Application for approval of the Bidfood Gladstone - Enterprise Agreement 2026

[1] Burleigh Marr Distributions Pty Ltd Trading as Bidfood Gladstone, United Imports & Exports Co Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Bidfood Gladstone - Enterprise Agreement 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by either the Clerks - Private Sector Award 2020 (Clerks Award), Storage Services and Wholesale Award 2020 (Storage Award), Road Transport and Distribution Award 2020 (Road Transport Award), or the Commercial Sales Award 2020 (Sales Award).

[3] The application indicates there are two employers, however only one Form F17B was lodged on behalf of both employers. Rule 32(3) of the Fair Work Commission Rules 2024 (FW Rules) states that if an application is made under s.185 of the Act for approval of an enterprise agreement that is not a Greenfields agreement, each employer that is covered by the agreement must lodge a declaration by the employer, in support of the application for approval within 14 days after the agreement is made. As the employers are related employers, I am satisfied that it is appropriate to dispense with this requirement pursuant to rule 7 of the FW Rules.

Inconsistency with the National Employment Standards (NES)

[4] The following provisions of the Agreement appear inconsistent with the NES:

1. Clause 3.4.4 provides that on termination the Employee authorises the Employer to deduct an amount equivalent to any overpayment of wages or allowances owed by an Employee from the Employee's termination monies. This provision does not appear to limit the source of monies which may be deducted. The effect of this is that this clause appears to permit the employer to deduct employee's entitlements under the NES, inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

2. Clause 6.1.6 provides that employees may be required to undergo absenteeism management plans, which amongst other things may specify the types of evidence an employee may provide to substantiate personal leave and require employees to provide notice of absence by deadlines. This provision is stated to operate notwithstanding any evidence requirements of the Act and therefore appears to attempt to exclude the NES.

[5] I note that in accordance with the NES precedence term in clause 1.3.5 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Better Off Overall Test (BOOT) Issue - Storage, Clerks and Sales employees

[6] Clause 3.2.1(b) of the Agreement provides an annual salary for clerical employees, commercial sales employees and supervisors/managers that appears to be 5.64% - 14.26% above the relevant Awards. Clause 6.8.2 provides where an employee is paid an annual salary, certain provisions of the Agreement can be excluded for those employees, including wages, shift penalties, weekend penalty rates, allowances, overtime, annual leave loading and public holiday penalties. The rates do not appear high enough to compensate for these exclusions. There does not appear to be an effective reconciliation term in the Agreement.

[7] The Employer provided written undertakings to address the above BOOT issue. A copy of the undertakings is attached in Schedule 1 of the Agreement. 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 undertakings are taken to be a term of the Agreement.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2026. The nominal expiry date of the Agreement is 1 February 2029.

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