BFS Botany Pty Ltd Trading AS Bidfood Port Botany

[2025] FWCA 1161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BFS Botany Pty Ltd Trading AS Bidfood Port Botany

(AG2025/717)

BIDFOOD PORT BOTANY ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 APRIL 2025

Application for approval of the Bidfood Port Botany – Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bidfood Port Botany – Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, 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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 April 2025. The nominal expiry date of the Agreement is 1 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, BFS Botany Pty Ltd trading as Bidfood Port Botany, sought approval of the Bidfood Port Botany – Enterprise Agreement 2025. The respondents, including various unions and union officials, objected to the application on several grounds, including that the agreement was not made in good faith, it did not include adequate processes for resolving workplace disputes, and it failed to provide for adequate consultation. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, contained the necessary minimum terms and conditions, and included appropriate dispute resolution processes.

The Commission considered the evidence and submissions from both parties. In its reasoning, the Commission noted that the agreement had been negotiated in good faith, as it involved genuine and meaningful discussions between the parties. The Commission also found that the agreement contained all the required minimum terms and conditions, including provisions for wages, hours of work, and other employment-related matters. Regarding dispute resolution, while the agreement did not include a formal dispute resolution process, the Commission was satisfied that there were adequate mechanisms in place to address workplace issues, such as the involvement of union representatives and the use of existing enterprise agreements. The Commission concluded that, despite some shortcomings, the agreement met the necessary criteria for approval.

Accordingly, the Commission approved the Bidfood Port Botany – Enterprise Agreement 2025. The decision highlights the importance of good faith negotiations, inclusion of minimum terms and conditions, and the existence of effective dispute resolution processes in enterprise agreements. The final orders of the Commission were that the agreement be approved as a registered agreement, effective from 1 July 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established