DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidfood NSW Pty Limited T/A Bidfood Sydney
(AG2018/6581)

BIDFOOD SYDNEY TRANSPORT – ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 MAY 2019

Application for approval of the Bidfood Sydney Transport - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Sydney Transport - Enterprise Agreement 2018 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am 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 and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bidfood NSW Pty Limited T/A Bidfood Sydney applied to the Fair Work Commission for approval of the Bidfood Sydney Transport - Enterprise Agreement 2018. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission, in its decision, considered the procedural fairness of the negotiation and making of the agreement, as well as whether the agreement met the criteria for registration under the Act.

The key legal issues before the Commission were whether the agreement was fairly made, and whether it complied with the requirements for registration. This involved assessing the negotiation process, the nature of the agreement, and whether it met the public interest test. The Commission examined whether the agreement was made in good faith and whether it provided for the protection of employees' rights and interests.

The Commission found that the agreement was fairly made and met the criteria for registration. It was satisfied that the negotiation process was conducted in good faith and that the agreement was not detrimental to the public interest. The Commission noted the efforts made by the parties to reach a resolution and the overall fairness of the agreement. Consequently, the Fair Work Commission approved the Bidfood Sydney Transport - Enterprise Agreement 2018, allowing it to be registered and enforceable.

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