DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BFS Wollongong Pty Limited T/A Bidfood Wollongong
(AG2020/39)

BIDFOOD WOLLONGONG – ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 FEBRUARY 2020

Application for approval of the Bidfood Wollongong - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Wollongong - Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). 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. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Bidfood Wollongong - Enterprise Agreement 2019. The applicant, BFS Wollongong Pty Limited, trading as Bidfood Wollongong, sought the approval of the agreement under the Fair Work Act 2009. The primary parties involved were Bidfood Wollongong and its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred on whether the proposed enterprise agreement met the necessary legal criteria for approval, including its compliance with the provisions of the Fair Work Act and its fairness to the employees.

The legal issues that the Fair Work Commission needed to address were whether the enterprise agreement contained the required 'no disadvantage' terms, whether it was fairly negotiated, and whether it provided for appropriate mechanisms for the resolution of disputes. Additionally, the Commission had to consider whether the agreement included appropriate provisions for employee consultation and participation in the workplace. The Commission also needed to ensure that the agreement did not contain any terms that were contrary to public policy or were otherwise unlawful.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the Bidfood Wollongong - Enterprise Agreement 2019 met the necessary criteria for approval. The Commission determined that the agreement contained the required 'no disadvantage' terms, was fairly negotiated, and included appropriate mechanisms for the resolution of disputes. Furthermore, the agreement provided for adequate employee consultation and participation, and did not include any terms that were contrary to public policy or unlawful. Consequently, the Commission approved the agreement, finding that it would provide a fair and reasonable outcome for all parties involved.

The Fair Work Commission ordered the approval of the Bidfood Wollongong - Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Bidfood Wollongong as per its terms. The decision concluded that the agreement was in the best interests of the employees and the employer, and would provide a fair and effective framework for the operation of the workplace.

BFS Wollongong Pty Limited T/A Bidfood Wollongong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established