DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BFS Newcastle Pty Limited T/A Bidfood Newcastle
(AG2021/4198)

BIDFOOD NEWCASTLE – ENTERPRISE AGREEMENT 2020.

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COMMISSIONER YILMAZ	MELBOURNE, 13 APRIL 2021

Application for approval of the Bidfood Newcastle - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Newcastle - Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BFS Newcastle Pty Limited T/A Bidfood Newcastle. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Workers’ Union 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 20 April 2021. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by BFS Newcastle Pty Limited, trading as Bidfood Newcastle, to approve the Bidfood Newcastle - Enterprise Agreement 2020. The application was made under section 231 of the Fair Work Act 2009. The applicant sought to have the proposed agreement, which was negotiated with the Retail and Wholesale Employees’ Union, approved as a single registered agreement covering employees across multiple sites.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act for approval as a single registered agreement. This involved assessing whether the agreement was negotiated in good faith, whether it covered all employees, and whether the agreement was in the best interests of the employees it covered. Additionally, the Commission needed to determine if the agreement contained provisions that met the minimum entitlements required under the Act.

In its decision, the Fair Work Commission found that the agreement was negotiated in good faith and that it was in the best interests of the employees it covered. The Commission noted that the agreement contained provisions that met or exceeded the minimum entitlements required by the Fair Work Act. Furthermore, the Commission considered that the agreement covered all employees of the applicant and that it was not contrary to the public interest. As a result, the Commission approved the Bidfood Newcastle - Enterprise Agreement 2020 as a single registered agreement.

The Fair Work Commission made orders approving the Bidfood Newcastle - Enterprise Agreement 2020 as a single registered agreement. The agreement was to be registered by the Commission and would apply to all employees of BFS Newcastle Pty Limited, trading as Bidfood Newcastle, who were covered by the agreement. The orders also provided for the agreement to be published on the Fair Work Commission’s website and for any objections to the registration to be lodged within the specified timeframe.

BFS Newcastle Pty Limited T/A Bidfood Newcastle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established