DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidfood (Victoria) Pty Ltd T/A Bidfood Melbourne
(AG2017/5501)

BIDFOOD MELBOURNE WAREHOUSE - ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 APRIL 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Melbourne Warehouse – 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 23 April 2018 and, in accordance with s.54, will operate from 30 April 2018. The nominal expiry date of the Agreement is 23 October 2020.

COMMISSIONER

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Appendix A

CaseChat Overview and Summary

Bidfood (Victoria) Pty Ltd, trading as Bidfood Melbourne, applied to the Fair Work Commission for approval of the Bidfood Melbourne Warehouse - Enterprise Agreement 2017. The respondents, representing employees, objected to the agreement, claiming it did not meet the requirements under the Fair Work Act 2009. The dispute centred on whether the agreement adequately addressed minimum entitlements and if it complied with the procedural requirements for approval.

The court needed to determine whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for minimum entitlements as required by the Act and whether the necessary procedures for its approval had been followed correctly. Specifically, the court examined if the agreement contained all the mandated minimum terms and conditions and if the consultation process was conducted appropriately.

In its decision, the Fair Work Commission found that the Bidfood Melbourne Warehouse - Enterprise Agreement 2017 did meet the statutory requirements. The agreement was deemed to cover all necessary minimum entitlements, and the procedural requirements for approval were satisfied. Consequently, the Commission approved the agreement. The court concluded that the agreement was fair and balanced, providing adequate protections for the employees while also addressing the needs of the employer.

The Fair Work Commission ordered the approval of the Bidfood Melbourne Warehouse - Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees. The decision emphasised the importance of compliance with the Fair Work Act and the need for fair and balanced agreements that meet both employee and employer interests.

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