DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bickford’s Australia Pty Ltd
(AG2017/3439)

BICKFORD’S AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017 (PRODUCTION AND LOGISTICS EMPLOYEES)

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 30 AUGUST 2017

Application for approval of the Bickford’s Australia Pty Ltd Enterprise Agreement 2017 (Production and Logistics Employees).

[1] On 10 August 2017 Bickford’s Australia Pty Ltd (Applicant) made an application for approval of the Bickford’s Australia Pty Ltd Enterprise Agreement 2017 (Production and Logistics Employees) (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 September 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Bickford’s Australia Pty Ltd applied for the approval of the Bickford’s Australia Pty Ltd Enterprise Agreement 2017 (Production and Logistics Employees). The company sought to have the agreement, which was entered into between the employer and the union representing the employees, registered under the Fair Work Act 2009. The union, which represented the employees, did not object to the application but noted certain issues that needed to be addressed to ensure the agreement met the statutory requirements.

The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act, including sections that relate to the procedural fairness and the protection of employee interests. The union raised concerns about the agreement's provisions on shift patterns, leave entitlements, and redundancy. The Commission had to determine whether these provisions adequately protected the employees' interests and if the agreement was made in good faith and without coercion.

After reviewing the submissions from both parties and considering the relevant legal principles, the Commission found that while the agreement generally met the statutory requirements, certain amendments were necessary to address the union's concerns. The Commission made specific orders to modify the provisions on shift patterns and leave entitlements to ensure they provided adequate protection for the employees. The Commission approved the agreement with these modifications, ensuring it complied with the Fair Work Act.

The Commission’s final orders included the approval of the enterprise agreement with the specified amendments. These changes were made to address the union's concerns and to ensure that the agreement provided adequate protection for the employees' interests. The modifications included clearer guidelines on shift patterns, improved leave entitlements, and more specific provisions for redundancy. The approved agreement was registered, allowing it to take effect and govern the employment conditions of the production and logistics employees at Bickford’s Australia Pty Ltd.

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