DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bidfood NSW Pty Limited T/A Bidfood Sydney
(AG2020/2761)

BIDFOOD SYDNEY WAREHOUSE - ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT CROSS	SYDNEY, 20 OCTOBER 2020

Application for approval of the Bidfood Sydney Warehouse - Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Bidfood Sydney Warehouse – Enterprise Agreement 2020 (‘the Agreement’). The application was made by Bidfood NSW Pty Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] The United Workers Union (“the UWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the UWU.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Bidfood NSW Pty Limited, trading as Bidfood Sydney, applied to the Fair Work Commission for the approval of the Bidfood Sydney Warehouse - Enterprise Agreement 2020. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for direct approval under the Act, particularly regarding the procedural fairness and the absence of protected industrial action.

The court was required to determine if the agreement was made in good faith, if it was free from coercion, and if it had been negotiated fairly. Additionally, the court needed to assess whether the agreement provided for the employees' rights and obligations and whether it adhered to the requirements set out in the Fair Work Act. The validity of the agreement hinged on its compliance with these statutory provisions and the procedural fairness observed during its negotiation.

The Fair Work Commission, in reviewing the application, found that the agreement had been negotiated in good faith and was free from coercion. The court noted the absence of protected industrial action, which supported the argument for direct approval. The agreement was also found to provide for the employees' rights and obligations, and it complied with the statutory requirements. The procedural fairness of the negotiation process was upheld, and the agreement was deemed to meet all the necessary criteria for direct approval.

The Fair Work Commission approved the Bidfood Sydney Warehouse - Enterprise Agreement 2020. The decision was based on the court's findings that the agreement was made in good faith, free from coercion, and procedurally fair. The agreement was also found to be compliant with the statutory requirements of the Fair Work Act, thus satisfying all criteria for direct approval.

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