DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BFS Newcastle Pty Limited T/A Bidfood Newcastle
(AG2018/6831)

BIDFOOD NEWCASTLE - ENTERPRISE AGREEMENT 2017

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COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2019

Application for approval of the Bidfood Newcastle - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Newcastle - Enterprise Agreement 2017 (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.

[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 (NUW) 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 is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The applicants, BFS Newcastle Pty Limited trading as Bidfood Newcastle, applied to the Fair Work Commission for the approval of the Bidfood Newcastle - Enterprise Agreement 2017. The application arose from negotiations between Bidfood Newcastle and its employees represented by the Shop, Distributive and Allied Employees' Association. The dispute centred on the terms and conditions of employment under the proposed agreement and whether it complied with relevant industrial laws and standards. The matter was heard by the Fair Work Commission, an Australian independent statutory body with jurisdiction to hear and determine applications for the approval of enterprise agreements.

The primary legal issues before the Commission were whether the proposed agreement met the requirements set out in the Fair Work Act 2009, specifically sections concerning the negotiation, content, and approval of enterprise agreements. This included ensuring the agreement did not adversely affect employees' terms and conditions, that it was made in good faith, and that it provided for a process to resolve disputes. The Commission also had to consider whether the agreement provided for appropriate minimum rates of pay and conditions, and whether it met the "better off overall test" ensuring employees were no worse off than under the applicable award.

The Fair Work Commission determined that the proposed agreement was compliant with the relevant provisions of the Fair Work Act. The Commission noted that the agreement had been made in good faith, provided for the resolution of disputes, and met the "better off overall test." It was found that the agreement offered employees terms and conditions that were at least as favourable as those provided under the applicable award, with specific attention to minimum rates of pay and conditions. Therefore, the Commission approved the Bidfood Newcastle - Enterprise Agreement 2017.

The Fair Work Commission approved the Bidfood Newcastle - Enterprise Agreement 2017, effective from the date of the approval, and directed that it be registered with the Fair Work Ombudsman. This decision confirmed the agreement as a legally binding contract between Bidfood Newcastle and its employees, governing their terms and conditions of employment.

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