DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bidfood (Victoria) Pty Ltd T/A Bidfood Melbourne
(AG2019/2210)

BIDFOOD MELBOURNE WAREHOUSE - ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 AUGUST 2019

Application for variation of the Bidfood Melbourne Warehouse - Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Bidfood Melbourne Warehouse - Enterprise Agreement 2017 (the Agreement). The application was made by Bidfood (Victoria) Pty Ltd T/A Bidfood Melbourne pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 23 April 2018. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 20 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Bidfood (Victoria) Pty Ltd, trading as Bidfood Melbourne, and the Transport Workers Union of Australia. The dispute centred on an application to vary the Bidfood Melbourne Warehouse Enterprise Agreement 2017. The applicants sought changes to the agreement that would impact the terms and conditions of employment for warehouse staff, including alterations to working hours, shift patterns, and overtime entitlements. The Transport Workers Union opposed these changes, arguing that they would negatively affect the employees' work-life balance and overall job satisfaction.

The legal issues that the Fair Work Commission needed to address included whether the proposed changes were consistent with the principles of good faith bargaining and whether they provided a fair and reasonable outcome for the employees. The Commission also had to consider the impact of the changes on the employees' working conditions and whether the application met the criteria for variation as outlined in the Fair Work Act 2009. Additionally, the Commission needed to ensure that the changes were justifiable in the context of the employer's business needs and did not undermine the integrity of the original agreement.

The Fair Work Commission found that the proposed changes did not meet the requirements for variation under the Act. The Commission highlighted that the applicants had not demonstrated that the changes were necessary or that they provided a fair and reasonable outcome for the employees. The Commission was particularly concerned with the potential negative impact on the employees' work-life balance and the lack of sufficient evidence to support the necessity of the proposed changes. The Commission concluded that the application did not satisfy the criteria for variation and dismissed the application, upholding the existing terms and conditions of the Bidfood Melbourne Warehouse Enterprise Agreement 2017.

The Fair Work Commission's decision was clear in its support for maintaining the existing enterprise agreement, ensuring that the employees' rights and working conditions were protected. The Commission's ruling underscored the importance of good faith bargaining and the need for any proposed changes to be justifiable and beneficial to both the employer and the employees. The decision also highlighted the Commission's role in balancing the interests of employers and employees while upholding the principles of fairness and reasonableness in employment agreements.

Bidfood (Victoria) Pty Ltd T/A Bidfood Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established