Bidfood NSW Pty Limited Summary

[2023] FWCA 2266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bidfood NSW Pty Limited

(AG2023/2266)

BIDFOOD SYDNEY TRANSPORT – ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 24 JULY 2023

Application for approval of the Bidfood Sydney Transport - Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Bidfood Sydney Transport - Enterprise Agreement 2023 (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. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 31 July 2023. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bidfood NSW Pty Limited applied for the approval of the Bidfood Sydney Transport - Enterprise Agreement 2023 before the Fair Work Commission. The agreement was made between Bidfood and the relevant union. The union represented the employees of Bidfood who were involved in the transport of goods within Sydney. The primary dispute centred around the terms of the enterprise agreement, including wages, working conditions, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with the relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement was made in good faith and if it adhered to the requirements for enterprise agreements as outlined in the legislation. Furthermore, the Commission needed to assess whether the agreement was likely to achieve its intended objectives of promoting productivity, efficiency, and workplace harmony.

In evaluating the agreement, the Commission examined the submissions from both parties and considered the evidence presented. The Commission noted the importance of balancing the interests of both the employer and the employees. It determined that the agreement met the necessary criteria for approval, as it provided fair and reasonable terms and conditions for the employees. The Commission also found that the agreement was made in good faith and complied with the relevant statutory requirements. The Commission concluded that the agreement was likely to achieve its intended objectives and was therefore approved under the Fair Work Act.

The Fair Work Commission approved the Bidfood Sydney Transport - Enterprise Agreement 2023, finding that it met the necessary legal criteria for approval. The Commission's decision ensures that the employees will benefit from fair and reasonable terms and conditions of employment, while also promoting productivity and workplace harmony. The approval of the agreement provides certainty for both Bidfood and its employees, and establishes a framework for their ongoing relationship.

Bidfood NSW Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established