DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BFS Albury Pty Limited T/A Bidfood Albury
(AG2020/1927)

BIDFOOD ALBURY - ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2020

Application for variation of the Bidfood Albury - Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Bidfood Albury - Enterprise Agreement 2017 (the Agreement). The application was made by BFS Albury Pty Limited T/A Bidfood Albury pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 29 May 2017. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 7 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the variation of the Bidfood Albury - Enterprise Agreement 2017. The applicant, BFS Albury Pty Limited trading as Bidfood Albury, sought amendments to the agreement. The respondent was the Australian Manufacturing Workers' Union, which represented the employees. The application was heard in the Fair Work Commission.

The central legal issue was whether the proposed variations to the agreement were fair and reasonable in all aspects. The court had to assess if the changes met the criteria for a fair and reasonable enterprise agreement as set out in the Fair Work Act 2009. This included examining whether the changes would impact employees' terms and conditions in a fair manner and whether they were necessary and reasonable in the context of the enterprise's operations and financial circumstances.

The Fair Work Commission found that the proposed changes to the enterprise agreement were fair and reasonable. The commission considered several factors, including the economic context, the employer's financial situation, and the impact on employees. The commission concluded that the changes were necessary to maintain the viability of the business and were in the best interest of the enterprise as a whole. The court also noted that the proposed changes provided for adequate consultation with the union and took into account the employees' interests.

The final orders of the commission were that the Bidfood Albury - Enterprise Agreement 2017 be varied as proposed by the applicant. The variations included changes to the work arrangements, shift patterns, and conditions of employment. The new agreement was to be in effect from the date of the decision and would supersede the previous agreement. The union was also directed to provide the necessary documentation to ensure compliance with the new terms of the agreement.

BFS Albury Pty Limited T/A Bidfood Albury

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established