DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BFS Central Coast Pty Limited T/A Bidfood Central Coast
(AG2019/2331)

BIDFOOD CENTRAL COAST - ENTERPRISE AGREEMENT - 2019

Storage services
COMMISSIONER BISSETT	MELBOURNE, 31 JULY 2019

Application for approval of the Bidfood Central Coast - Enterprise Agreement - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Central Coast - Enterprise Agreement - 2019 (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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2019. The nominal expiry date of the Agreement is 1 January 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case of BFS Central Coast Pty Limited T/A Bidfood Central Coast involved an application for the approval of the Bidfood Central Coast - Enterprise Agreement - 2019. The applicant sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement met the necessary criteria for approval under the Act and whether it adequately protected the rights of employees and employers.

The legal issues before the court were primarily whether the agreement provided for the appropriate bargaining, including whether it was made in good faith and whether it contained the minimum terms and conditions required by the Act. Additionally, the court had to consider whether the agreement was free from any illegality or discrimination, and whether it ensured fair and effective representation for both parties. The court also needed to assess whether the agreement was made in accordance with the relevant provisions of the Fair Work Act.

In delivering the decision, the court found that the agreement was made in good faith and satisfied the necessary requirements under the Fair Work Act. The court was satisfied that the bargaining process was appropriate, the terms and conditions were fair, and the agreement did not contain any illegality or discrimination. The court concluded that the agreement was appropriate for approval and would provide for effective representation for both the employees and the employer. The court's reasoning was based on a thorough examination of the agreement and the processes that led to its creation.

As a result of the court's findings, the application for the approval of the Bidfood Central Coast - Enterprise Agreement - 2019 was successful. The court granted the approval, allowing the agreement to be implemented between the parties. The final orders of the court were that the agreement be approved as per the Fair Work Act 2009.

BFS Central Coast Pty Limited T/A Bidfood Central Coast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established