DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidfood (Victoria) Pty Ltd T/A Bidfood Geelong
(AG2017/3910)

BIDFOOD GEELONG ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 19 OCTOBER 2017

Application for approval of the Bidfood Geelong Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Geelong 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 T/A Bidfood Geelong. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bidfood (Victoria) Pty Ltd trading as Bidfood Geelong, sought approval of the Bidfood Geelong Enterprise Agreement 2017. The application was brought in the Fair Work Commission, with the decision authored by Deputy President M Ryan. The agreement was being made under the Fair Work Act 2009, and was to apply to employees of Bidfood Geelong who were members of the Bakery, Confectionery, Tobacco, Food and Allied Industries Union. The employer contended that the agreement was appropriate, while the union claimed that the agreement did not provide for appropriate protections for employees.

The central issue before the court was whether the agreement provided appropriate protection for the employees. This involved assessing whether the agreement contained the minimum entitlements specified by the Fair Work Act and whether it provided for appropriate mechanisms for the resolution of disputes. The court needed to determine if the agreement was "better off overall" for the employees, as required by the Act.

The court examined the agreement clause by clause, considering whether it provided appropriate protections for employees. The court found that the agreement provided for minimum entitlements and included provisions for the resolution of disputes. The court also noted that the union had not provided evidence that the agreement was not better off overall for the employees. As such, the court was satisfied that the agreement provided appropriate protections and approved the application.

The court ordered that the Bidfood Geelong Enterprise Agreement 2017 be approved as a transitional agreement under section 178 of the Fair Work Act. The agreement was to be registered and published, and was to be in effect for a period of three years, until 23 June 2020. The court also ordered that the agreement be given effect as a registered agreement under the Fair Work Act.

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