DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bickford’s Australia Pty Ltd
(AG2015/6313)

BICKFORD’S AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015 (MAINTENANCE EMPLOYEES)

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2015

Application for approval of the Bickford’s Australia Pty Ltd Enterprise Agreement 2015 (Maintenance Employees).

[1] An application has been made for approval of an enterprise agreement known as the Bickford’s Australia Pty Ltd Enterprise Agreement 2015 (Maintenance Employees) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bickford’s Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 14 December 2015 and, in accordance with s.54, will operate from 21 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bickford’s Australia Pty Ltd, the Fair Work Commission was presented with an application to approve the Bickford’s Australia Pty Ltd Enterprise Agreement 2015 (Maintenance Employees). This agreement was submitted by the employer, Bickford’s Australia Pty Ltd, and sought to govern the terms and conditions of employment for maintenance employees within the company. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly in terms of whether it facilitated, promoted, or improved the efficiency, productivity, or performance of the enterprise.

The legal issues before the Commission involved verifying that the agreement did not harm the employees, that it had been fairly and genuinely negotiated, and that it complied with the relevant provisions of the Fair Work Act. The Commission examined the process of negotiation, the fairness of the terms, and whether the agreement contained adequate provisions for dispute resolution and the protection of employee rights. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against any group of employees or otherwise contravene any relevant industrial laws.

The Fair Work Commission concluded that the agreement met the statutory requirements for approval. The Commission was satisfied that the negotiation process was genuine and that the terms of the agreement were fair and reasonable. The agreement included provisions for dispute resolution and provided adequate protections for employees, thereby complying with the Fair Work Act. Furthermore, the Commission found that the agreement did not adversely affect the employees and promoted the efficiency, productivity, or performance of the enterprise. Based on these findings, the Commission approved the agreement under the Fair Work Act.

The final orders of the Commission were that the Bickford’s Australia Pty Ltd Enterprise Agreement 2015 (Maintenance Employees) be approved as a registered agreement, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would govern the employment conditions of the maintenance employees in accordance with the terms set out in the agreement.

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