DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BFS Coffs Harbour Pty Limited T/A Bidvest Coffs Harbour
(AG2019/34)

BIDFOOD COFFS HARBOUR ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 APRIL 2019

Application for approval of the Bidfood Coffs Harbour - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Coffs Harbour - Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by BFS Coffs Harbour Pty Limited T/A Bidvest Coffs Harbour. The Agreement is a single enterprise agreement.

[2] 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.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Nation Union of Workers, New South Wales Branch 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2019. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the applicant, BFS Coffs Harbour Pty Limited trading as Bidvest Coffs Harbour, sought approval for the Bidfood Coffs Harbour - Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009, and the respondent, the Australian Manufacturing Workers' Union, opposed the application on the grounds that the proposed agreement did not meet the requirements for modern awards and the Fair Work Act. The nature of the dispute involved the terms and conditions of employment, including wages, hours of work, and various other conditions that were proposed in the enterprise agreement.

The legal issues that the Commission was required to decide centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the safety net provisions. The Commission also had to consider whether the agreement was in the best interests of the employees, and if it contained adequate provisions for the resolution of disputes. The Commission had to weigh the submissions and evidence presented by both parties to make a decision on these matters.

The Commission, after thorough consideration of the evidence and submissions, found that the proposed agreement did not meet the statutory requirements for approval. The Commission noted that while the agreement contained many provisions that were fair and reasonable, there were significant deficiencies in the provisions relating to the safety net. The Commission concluded that the proposed agreement failed to provide adequate protections for employees in relation to minimum wages, penalty rates, and leave entitlements. Additionally, the Commission found that the agreement did not adequately address the resolution of disputes, which was a critical issue in the case. As a result, the Commission rejected the application for approval of the proposed enterprise agreement.

BFS Coffs Harbour Pty Limited T/A Bidvest Coffs Harbour

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established