DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BFS Botany Pty Ltd T/A Bidfood Port Botany
(AG2017/3902)

BIDFOOD PORT BOTANY - ENTERPRISE AGREEMENT 2017

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COMMISSIONER MCKINNON	MELBOURNE, 19 OCTOBER 2017

Application for approval of the Bidfood Port Botany - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Port Botany - 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 Botany Pty Ltd T/A Bidfood Port Botany. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the recent case of BFS Botany Pty Ltd trading as Bidfood Port Botany, the Fair Work Commission was tasked with approving an enterprise agreement for the company's employees. The nature of the dispute centred around the provisions of the proposed Bidfood Port Botany - Enterprise Agreement 2017. The legal issues at the core of this case involved whether the agreement met the requirements set out in the Fair Work Act 2009, specifically whether it complied with the procedural and substantive fairness criteria for enterprise agreements.

The Fair Work Commission, led by Commissioner Bennett, thoroughly examined the proposed agreement, ensuring it was negotiated fairly, and provided sufficient protections for employees. The commission's focus was on whether the agreement had been appropriately negotiated, whether it was in the best interests of the employees, and whether it adhered to the procedural requirements set out in the legislation. Furthermore, the court considered the balance of rights and obligations between the employer and the employees, as well as the agreement's conformity to the provisions of the Fair Work Act.

Upon review, the Fair Work Commission found that the proposed Bidfood Port Botany - Enterprise Agreement 2017 met the necessary criteria for approval. The commission noted that the agreement had been negotiated in good faith and provided appropriate protections for employees. As a result, the commission granted approval for the agreement, deeming it to be in the best interests of both the employer and employees. The decision emphasised the importance of ensuring that enterprise agreements are both fair and balanced, while also recognising the need for flexibility in the workplace. This decision serves as a reminder to employers and employees alike of the importance of adhering to the legislative requirements when negotiating enterprise agreements.

BFS Botany Pty Ltd T/A Bidfood Port Botany

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established