BFS Coffs Harbour Pty Limited T/A Bidfood Coffs Harbour

[2025] FWCA 596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BFS Coffs Harbour Pty Limited T/A Bidfood Coffs Harbour

(AG2024/5137)

BIDFOOD COFFS HARBOUR – ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 FEBRUARY 2025

Application for approval of the Bidfood Coffs Harbour – Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bidfood Coffs Harbour – Enterprise Agreement 2024 (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 21 February 2025. The nominal expiry date of the Agreement is 1 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are BFS Coffs Harbour Pty Limited, trading as Bidfood Coffs Harbour, and its employees represented by a union. The nature of the dispute concerns the application for approval of the Bidfood Coffs Harbour – Enterprise Agreement 2024. The Fair Work Commission, the responsible court, was tasked with determining whether the agreement met the necessary legal standards for approval. The Commission's role was to ensure that the agreement complied with the Fair Work Act 2009, including provisions related to minimum entitlements, dispute resolution, and procedural fairness.

The legal issues before the court required examination of whether the agreement provided for minimum entitlements as stipulated by the Fair Work Act, whether the agreement's provisions were fair and reasonable, and if the necessary consultation processes had been followed. The court needed to assess if the agreement provided for minimum terms and conditions of employment and whether it adhered to the procedural requirements set out in the legislation. Additionally, the court examined whether the agreement was consistent with the broader objectives of the Fair Work Act, which include promoting harmonious, productive, and cooperative workplace relationships.

The Commission found that the agreement met the legal standards for approval. It was determined that the agreement provided for all minimum entitlements as required by the Fair Work Act. The court found that the agreement was fair and reasonable, considering the interests of both the employer and the employees. Furthermore, the Commission was satisfied that the appropriate consultation processes had been followed, ensuring that the agreement reflected the views of the employees. Given these findings, the court approved the Bidfood Coffs Harbour – Enterprise Agreement 2024, confirming its compliance with the necessary legal criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established