DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidfood (Victoria) Pty Ltd T/A Bidfood Geelong
(AG2020/2929)

BIDFOOD GEELONG ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 11 NOVEMBER 2020

Application for approval of the Bidfood Geelong Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Geelong Enterprise Agreement 2020 (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 T/A Bidfood Geelong. 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. The undertakings are taken to be a term of 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 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 18 November 2020. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Bidfood (Victoria) Pty Ltd, trading as Bidfood Geelong, applied for approval of the Bidfood Geelong Enterprise Agreement 2020. The application was heard by the Fair Work Commission, which needed to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The agreement was intended to regulate the employment terms and conditions for certain employees of Bidfood Geelong, including issues such as wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the agreement complied with the mandatory provisions of the Fair Work Act, particularly in relation to the provision of minimum rates of pay, maximum ordinary hours of work, and other entitlements. The Commission also needed to ensure that the agreement was negotiated in good faith and that it provided for the fair treatment of employees.

The Commission found that the agreement met all the statutory requirements and was negotiated in good faith. It contained all the mandatory minimum terms and conditions, including provisions for minimum rates of pay and maximum ordinary hours of work. The agreement also provided for fair treatment of employees and included provisions for dispute resolution and other employment-related matters. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application for its registration.

The Fair Work Commission approved the Bidfood Geelong Enterprise Agreement 2020 for registration. The agreement will now regulate the employment terms and conditions for the employees covered by the agreement, providing them with a fair and reasonable set of employment conditions.

Bidfood (Victoria) Pty Ltd T/A Bidfood Geelong

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established