DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidfood NSW Pty Limited T/A Bidfood Sydney
(AG2018/2914)

BIDFOOD SYDNEY WAREHOUSE – ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 SEPTEMBER 2018

Application for approval of the Bidfood Sydney Warehouse – Enterprise Agreement 2017

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Sydney Warehouse – Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, 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.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2018. The nominal expiry date of the Agreement is 1 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bidfood NSW Pty Limited, trading as Bidfood Sydney, applied to the Fair Work Commission for approval of the Bidfood Sydney Warehouse – Enterprise Agreement 2017. The application arose from negotiations between Bidfood and the Food, Beverage and Tobacco Workers Union, the registered union for the employees in question. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for "better off overall and in the public interest" under the legislation. The Commission had to assess if the agreement was fairly negotiated, whether it provided for the minimum entitlements under the National Employment Standards, and if it was consistent with the public interest.

The Fair Work Commission carefully examined the provisions of the agreement and the process through which it was negotiated. The Commission determined that the agreement was fairly negotiated and contained all the necessary minimum entitlements. It also found that the agreement provided employees with benefits that were better than the National Employment Standards and was consistent with the public interest. The Commission concluded that the agreement met the statutory criteria for approval, including the "better off overall and in the public interest" test. The agreement was found to provide for fair and reasonable terms and conditions of employment, taking into account the economic circumstances of the parties and the public interest.

In light of the findings, the Fair Work Commission approved the Bidfood Sydney Warehouse – Enterprise Agreement 2017. This approval signifies that the agreement is now legally binding and enforceable between Bidfood and the employees covered by the agreement. The approval process and the Commission's decision underscore the importance of ensuring that enterprise agreements are negotiated fairly and provide adequate protections and benefits for employees, while also considering broader economic and public interest factors.

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