BFS Central Coast Pty Limited T/A Bidfood Central Coast

[2023] FWCA 445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BFS Central Coast Pty Limited T/A Bidfood Central Coast

(AG2023/14)

Bidfood Central Coast – Enterprise Agreement 2023

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 FEBRUARY 2023

Application for approval of the Bidfood Central Coast – Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Bidfood Central Coast – Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BFS Central Coast Pty Limited T/A Bidfood Central Coast. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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.

The Agreement was approved on 14 February 2023 and, in accordance with s.54, will operate from 21 February 2023. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, BFS Central Coast Pty Limited, trading as Bidfood Central Coast, applied to the Fair Work Commission for the approval of the Bidfood Central Coast – Enterprise Agreement 2023. The agreement was subject to the Fair Work Act 2009, which mandates that certain criteria must be met for an enterprise agreement to be approved. The application came before the Commission, which was tasked with determining whether the agreement complied with the statutory requirements and whether its approval was in the interests of the national workplace relations system.

The primary legal issues before the Commission were whether the agreement was a "genuine" enterprise agreement as defined by the Fair Work Act, whether the agreement satisfied the procedural requirements for approval, and whether the agreement was in the best interests of the national workplace relations system. The Commission examined whether the agreement had been negotiated in good faith, whether it included the necessary terms, and whether the process leading to its creation was fair and transparent. Additionally, the Commission considered whether the agreement would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement met the statutory requirements for a genuine enterprise agreement. It was determined that the agreement had been negotiated in good faith and included all necessary terms. The process leading to the creation of the agreement was deemed fair and transparent, with adequate consultation and participation by the parties involved. The Commission concluded that the agreement would promote harmonious, productive, and cooperative workplace relations and was in the best interests of the national workplace relations system. Consequently, the Commission approved the Bidfood Central Coast – Enterprise Agreement 2023.

The Fair Work Commission approved the Bidfood Central Coast – Enterprise Agreement 2023, confirming that it met all statutory requirements for a genuine enterprise agreement. The agreement was found to have been negotiated in good faith and included all necessary terms, with a fair and transparent process leading to its creation. The Commission determined that the agreement would promote harmonious, productive, and cooperative workplace relations and was in the best interests of the national workplace relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established