DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidfood (Victoria) Pty Ltd (ACN 053 695 855) and P. Manettas & Co.Technical Pty Limited (ACN 003 044 997) T/A Bidfood Port Melbourne
(AG2017/447)

BIDFOOD PORT MELBOURNE – ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2017

Application for approval of the Bidfood Port Melbourne – Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Port Melbourne – 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 (Victoria) Pty Ltd (ACN 053 695 855) and P. Manettas & Co.Technical Pty Limited (ACN 003 044 997) T/A Bidfood Port Melbourne. The Agreement is a single enterprise agreement.

[2] The Applicant 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 5 May 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Bidfood (Victoria) Pty Ltd and P. Manettas & Co.Technical Pty Limited trading as Bidfood Port Melbourne. The primary dispute was over the approval of the Bidfood Port Melbourne – Enterprise Agreement 2017. The matter was brought before the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The court needed to determine whether the agreement complied with the statutory requirements and whether it was appropriate to approve it.

The central legal issues before the Commission were whether the agreement met the criteria for approval as set out in the Fair Work Act, particularly focusing on the procedural fairness and whether it provided for fair and reasonable terms and conditions. Additionally, the court had to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission examined the process by which the agreement was formed, including the consultation and negotiation processes, and whether the agreement provided adequate protections for employees. The court found that the agreement satisfied the necessary criteria for procedural fairness and contained terms and conditions that were fair and reasonable. The Commission considered the overall fairness of the agreement and concluded that it was appropriate to approve the Bidfood Port Melbourne – Enterprise Agreement 2017. Consequently, the Commission approved the agreement.

The final order was the approval of the Bidfood Port Melbourne – Enterprise Agreement 2017, effective from the date of the Commission's decision. This approval ensures that the agreement will govern the employment terms and conditions of the relevant employees as per the provisions set out in the agreement.

Bidfood (Victoria) Pty Ltd (ACN 053 695 855) and P. Manettas & Co.Technical Pty Limited (ACN 003 044 997) T/A Bidfood Port Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established