DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bickford’s Australia Pty Ltd
(AG2019/3087)

BICKFORD’S AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019 (MAINTENANCE EMPLOYEES)

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 29 AUGUST 2019

Application for approval of the Bickford’s Australia Pty Ltd Enterprise Agreement 2019 (Maintenance Employees).

[1] An application has been made for approval of an enterprise agreement known as the Bickford’s Australia Pty Ltd Enterprise Agreement 2019 (Maintenance Employees) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bickford’s Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 August 2019.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bickford’s Australia Pty Ltd, sought approval for the Bickford’s Australia Pty Ltd Enterprise Agreement 2019 (Maintenance Employees). The Fair Work Commission was tasked with determining whether the agreement was suitable for endorsement. The respondent, the Transport Workers Union of Australia, contested the application, arguing that the agreement did not meet the necessary standards under the Fair Work Act 2009. The Commission held that the agreement was to be approved, finding that it contained the required minimum terms and conditions, was not contrary to public policy, and had been fairly and genuinely negotiated.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. The Commission examined the agreement to ascertain whether it included all the minimum terms and conditions stipulated by the Act, and whether it was free from provisions that contravened public policy. Additionally, the Commission assessed the process of negotiation to determine if the agreement was genuinely and fairly negotiated. The Commission found that the agreement satisfied all these criteria, leading to the conclusion that it was fit for endorsement.

The Commission's reasoning was grounded in a detailed analysis of the agreement's provisions and the process of its negotiation. The agreement included all the prescribed minimum terms and conditions, and no provisions were found to be contrary to public policy. The Commission also noted that the process of negotiation was transparent and involved genuine bargaining between the parties. Based on these findings, the Commission approved the agreement, stating that it met the legislative standards and was the product of a fair negotiation process.

The final orders of the Commission were to approve the Bickford’s Australia Pty Ltd Enterprise Agreement 2019 (Maintenance Employees), subject to the terms and conditions as set out in the agreement. The Commission emphasised that the agreement would be binding on all parties from the date of its approval.

Bickford’s Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established