DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BFS Albury Pty Limited T/A Bidfood Albury
(AG2017/1134)

BIDFOOD ALBURY - ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 29 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Albury – Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BFS Albury Pty Limited T/A Bidfood Albury. The Agreement is a single enterprise agreement.

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

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 29 May 2017 and, in accordance with s.54, will operate from 5 June 2017. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, BFS Albury Pty Limited trading as Bidfood Albury, applied for an approval of the Bidfood Albury – Enterprise Agreement 2017. The respondent, the Retail and Food Workers Union of Australia, opposed the application on the basis that the agreement failed to provide adequate protections for employees. The dispute centred on various aspects of the agreement, including the classification and remuneration of employees, the terms of employment, and the dispute resolution mechanisms outlined within the agreement.

The primary legal issues that the Commission had to address were whether the agreement complied with the Fair Work Act 2009, particularly in terms of the protections it afforded to employees and whether it was made in good faith. The Commission had to consider if the agreement met the statutory requirements for registration, such as the provision of adequate minimum terms and conditions of employment, and if it contained any provisions that were contrary to public policy or were otherwise unlawful. The Commission also needed to determine if the agreement was made in good faith and without coercion, as required by the legislation.

In its decision, the Fair Work Commission found that the agreement, while generally comprehensive, contained several provisions that were not in compliance with the Fair Work Act. Specifically, the Commission noted issues with the classification of some employees, the terms regarding casual employment, and certain dispute resolution mechanisms. The Commission highlighted that these provisions did not provide adequate protections for employees and were contrary to the principles of the Act. Consequently, the Commission did not approve the agreement. The Commission provided detailed reasons for its decision, focusing on the need for the agreement to align with the statutory requirements for minimum terms and conditions and to be made in good faith.

The final orders of the Commission were that the application for approval of the Bidfood Albury – Enterprise Agreement 2017 be dismissed. The Commission directed that the agreement be returned to the parties for further negotiation and amendment in accordance with the Fair Work Act. This decision underscores the importance of ensuring that enterprise agreements provide adequate protections for employees and comply with the legislative framework governing industrial relations in Australia.

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