DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BFS Coffs Harbour Pty Limited T/A Bidvest Coffs Harbour
(AG2016/4302)

BIDVEST COFFS HARBOUR - ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Bidvest Coffs Harbour - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Coffs Harbour - Enterprise Agreement 2015 (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 Coffs Harbour. 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The applicant, BFS Coffs Harbour Pty Limited, trading as Bidvest Coffs Harbour, sought the Fair Work Commission's approval of the Bidvest Coffs Harbour - Enterprise Agreement 2015. The application was made under the Fair Work Act 2009, which allows for the registration of enterprise agreements to provide for terms and conditions of employment. The nature of the dispute was whether the agreement met the legal requirements for registration and whether it was in the best interests of the employees covered by the agreement.

The primary legal issues the court had to decide were whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, and whether the terms of the agreement were fair and reasonable. This included assessing whether the agreement provided for appropriate minimum terms and conditions, and whether it had been made without undue influence or coercion. Additionally, the court needed to determine if the agreement was genuinely negotiated between the parties and whether it covered all necessary terms.

The Fair Work Commission found that the agreement was made in compliance with the procedural requirements of the Fair Work Act, including the provision of the necessary notices and the opportunity for employees to be represented. The court considered the terms of the agreement and found that they provided for appropriate minimum terms and conditions, and were not unfair or unreasonable. The commission also concluded that the agreement had been genuinely negotiated and covered all necessary terms. Therefore, the application for approval of the Bidvest Coffs Harbour - Enterprise Agreement 2015 was successful.

The final orders of the commission were that the Bidvest Coffs Harbour - Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of registration and would apply to all employees covered by the agreement. The commission also ordered that the agreement be published on the Fair Work Ombudsman's website to ensure transparency and accountability.

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