DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidfood NSW Pty Limited T/A Bidfood Sydney
(AG2021/6051)

BIDFOOD SYDNEY TRANSPORT - ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 JULY 2021

Application for approval of the Bidfood Sydney Transport - Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Bidfood Sydney Transport - Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bidfood NSW Pty Limited T/A Bidfood Sydney (Employer). The Agreement is a single enterprise agreement.

[2] I note that the Agreement was made on 16 June 2021 but was filed for approval with the Fair Work Commission on 6 July 2021. Observing that s.185(3)(a) of the Act imposes is a 14-day time limit to bring an application of this kind (and that the time is measured by reference to the day an agreement is made), the Applicant has brought this application 6 days out of time.

[3] Despite the Applicant’s non-compliance in this regard, I find that it is fair to extend the period for making the application by 6 days. I do so in reliance of the power afforded to me by s.185(3)(b) of the Act and having had regard to all of the circumstances (namely, that the delay is of a short duration, and has not caused prejudice to any employees seeking to be covered by the Agreement).

[4] 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.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bidfood NSW Pty Limited, trading as Bidfood Sydney, applied for approval of the Bidfood Sydney Transport - Enterprise Agreement 2021. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval. The dispute centred on whether the agreement provided for the appropriate consultation and negotiation processes as required by the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees' representatives, and if it adequately represented the employees' interests. The Commission also considered whether the agreement provided for adequate dispute resolution mechanisms and if it complied with the procedural fairness principles. Additionally, the application required the Commission to assess if the agreement met the threshold for approval under the Fair Work Act.

In its decision, the Commission found that the agreement was genuinely negotiated and adequately represented the employees' interests. The Commission was satisfied that the negotiation process involved appropriate consultation and that the agreement provided for sufficient dispute resolution mechanisms. The Commission also determined that the agreement complied with procedural fairness principles. Given these findings, the Commission approved the Bidfood Sydney Transport - Enterprise Agreement 2021.

Bidfood NSW Pty Limited T/A Bidfood Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established