DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BFS Botany Pty Ltd
(AG2020/2700)

BIDFOOD PORT BOTANY– ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILLIAMS	PERTH, 8 OCTOBER 2020

Application for approval of the Bidfood Port Botany- Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Port Botany- Enterprise Agreement 2020 (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. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Workers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2020. The nominal expiry date of the Agreement is 1 March 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BFS Botany Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Bidfood Port Botany Enterprise Agreement 2020. The application was brought by the employer, BFS Botany Pty Ltd, under section 234 of the Fair Work Act 2009. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA) on behalf of certain employees. The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically addressing issues such as wages, working conditions, and dispute resolution mechanisms.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act, including the necessity for the agreement to provide for a direct or indirect safety net of terms and conditions, and whether the agreement had been made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement provided for the direct or indirect setting of wages and other terms and conditions of employment.

The Fair Work Commission examined the proposed agreement, taking into account submissions from both parties. The Commission concluded that the agreement did provide for a safety net of terms and conditions, met the good faith requirements, and was not made under duress. The Commission also found that the agreement adequately addressed the parties' interests and provided for the setting of wages and other employment terms. Given these findings, the Commission approved the Bidfood Port Botany Enterprise Agreement 2020, confirming that it complied with the necessary legislative criteria.

Consequently, the Fair Work Commission issued an order approving the Bidfood Port Botany Enterprise Agreement 2020. The agreement was deemed to be in effect from the date of the Commission's approval, and the terms and conditions outlined in the agreement would apply to the relevant employees. This decision underscored the importance of ensuring that enterprise agreements meet all statutory requirements to protect the interests of both employers and employees.

BFS Botany Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established