DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BFS Coffs Harbour Pty Limited T/A Bidvest Central Coast
(AG2016/5709)

BIDVEST CENTRAL COAST - ENTERPRISE AGREEMENT - 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the Bidvest Central Coast - Enterprise Agreement - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Central Coast - Enterprise Agreement - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BFS Coffs Harbour Pty Limited T/A Bidvest Central Coast. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The Agreement was approved on 15 November 2016 and, in accordance with s.54, will operate from 22 November 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of BFS Coffs Harbour Pty Limited, trading as Bidvest Central Coast, was presented for consideration of the approval of the Bidvest Central Coast Enterprise Agreement 2016. The applicant, BFS Coffs Harbour Pty Limited, sought to have this enterprise agreement ratified. This agreement was designed to regulate the terms and conditions of employment for its employees.

The legal issues before the Commission involved determining whether the agreement was a bona fide enterprise agreement as defined by the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement was made in good faith, involved genuine bargaining, and met the statutory requirements for an enterprise agreement. Additionally, the Commission considered whether the agreement was compliant with the provisions regarding minimum entitlements and if it was likely to result in improved productivity and efficiency.

In delivering its decision, the Commission examined the process through which the agreement was negotiated and concluded that it was the product of genuine bargaining between the parties. The agreement was found to comply with the requirements of the Fair Work Act, including provisions for minimum entitlements, and was likely to promote improved productivity and efficiency. The Commission was satisfied that the agreement was a fair and reasonable one, and thus, approved the Bidvest Central Coast Enterprise Agreement 2016.

The Fair Work Commission approved the Bidvest Central Coast Enterprise Agreement 2016, determining that it was a bona fide enterprise agreement. This approval is subject to the terms and conditions set out in the agreement, which are now legally binding between the employer and the employees covered by the agreement.

BFS Coffs Harbour Pty Limited T/A Bidvest 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