DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidfood (Victoria) Pty Ltd T/A Bidfood Melbourne
(AG2018/258)

BIDFOOD MELBOURNE TRANSPORT- ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 24 MAY 2018

Application for approval of the Bidfood Melbourne Transport- Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Melbourne Transport- 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 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 Transport Workers’ Union of Australia 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 31 May 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bidfood (Victoria) Pty Ltd trading as Bidfood Melbourne, the Fair Work Commission was called upon to determine the approval of the Bidfood Melbourne Transport-Enterprise Agreement 2017. The application was lodged by the applicant, Bidfood (Victoria) Pty Ltd, seeking to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around the procedural fairness and the merits of the proposed enterprise agreement.

The primary legal issues before the Commission were whether the applicant had correctly followed the necessary procedures to lodge the application for approval and if the proposed agreement met the statutory requirements for registration. The Commission needed to examine the procedural fairness in the manner the agreement was developed and if there were any breaches of the Fair Work Act or the Fair Work Regulations 2009. Additionally, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions for the employees covered by it.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the application was properly made and that the procedural fairness requirements were met. The Commission found that the agreement was fair and reasonable in all its terms and conditions. It met the statutory requirements for registration under the Fair Work Act 2009 and was therefore approved as a registered agreement. The Commission emphasised the importance of ensuring that the agreement's provisions were clear and accessible to the employees, and that there was genuine consultation between the parties during the negotiation process.

In conclusion, the Fair Work Commission approved the Bidfood Melbourne Transport-Enterprise Agreement 2017 as a registered agreement, recognising its compliance with the relevant legislation and its fairness to the employees. The decision highlighted the importance of procedural fairness and the need for genuine consultation in the enterprise agreement process.

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