Bidfood (Victoria) Pty Ltd T/A Bidfood Geelong

[2022] FWCA 2611

[2022] FWCA 2611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Bidfood (Victoria) Pty Ltd T/A Bidfood Geelong

(AG2022/1671)

Bidfood Geelong Enterprise Agreement 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 2 AUGUST 2022

Application for variation of the Bidfood Geelong Enterprise Agreement 2020

1. An application was made by Bidfood (Victoria) Pty Ltd T/A Bidfood Geelong pursuant to section 210 of the Fair Work Act 2009 (the Act), seeking approval to vary the Bidfood Geelong Enterprise Agreement 2020 (the Agreement).

1. The application seeks to change the location of the branch. Additionally, the variation updates and includes minimum classifications for clerks, store persons working ordinary day work hours from 4 am and drivers working a ten (10) hour day. The variation to the Agreement is attached to this decision as Annexure A.

1. The variation was made on 30 May 2022 when a majority of the affected employees cast a vote to approve the variation. The proposed variation was agreed to by the United Workers’ Union.

1. I am satisfied that each of the requirements of ss.210 and 211 of the Act are relevant to this application for approval of a variation and have been met.

1. In the decision[1] for approval of the Agreement in 2020, written undertakings filed by the Employer were taken to be a term of the Agreement. I note that in this application for variation, the undertakings were not attached to the varied Agreement filed with the Commission. The parties were advised that the undertakings will be inserted into the varied Agreement. The undertakings accepted upon approval of the Agreement can be found at Annexure B.

1. The Employer has provided an additional written undertaking with respect to annualised salaries as part of this application to vary and the undertaking meets the concern raised by the Commission. I am satisfied that the undertaking meets the requirements of s.212 and does not cause financial detriment to any employee or result in substantial changes to the Agreement. The undertaking forms part of the Agreement as varied and is attached to this decision at Annexure C.

1. I further observe that clauses 5.7.4 and 2.3.8 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at clause 1.3.4, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, the variation operates from 2 August 2022.

1. The variation is approved and the consolidated version of the Agreement, as varied, is

attached to this decision.

COMMISSIONER

[1] [2020] FWCA 6052.

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