Bidfood WA Pty Ltd
[2022] FWCA 2696
•9 AUGUST 2022
| [2022] FWCA 2696 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Bidfood WA Pty Ltd
(AG2022/2230)
Bidfood Perth – Enterprise Agreement 2021
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER SPENCER | BRISBANE, 9 AUGUST 2022 |
Application for variation of the Bidfood Perth - Enterprise Agreement 2021
An application has been made for approval of a variation to the Bidfood Perth – Enterprise Agreement 2021 (the Agreement). The Application was made by Bidfood WA Pty Ltd (the Applicant/Employer) pursuant to s.210 of the Fair Work Act 2009 (the Act).
The Application sought to vary clauses 3.2.1(b)-(c) and 3.9.2 of the Agreement, by increasing the rates of wages and the freezer allowance during the term of the Agreement. The variation, signed by the Employer and the Transport Workers’ Union, WA Branch (TWU), is attached to this decision as Annexure A.
On 22 June 2022, employees of the Applicant voted on whether to approve the variation. Of the 80 employees that cast a valid vote, 80 voted to approve the variation. The Application was made within 14 days after the variation was made.
The TWU filed a Form F23B – Declaration of employee organisation in relation to variation of an enterprise agreement. The TWU is covered by the Agreement, and “did not wish to advise the Fair Work Commission that it disagreed with one or more statements in the Employer’s Declaration.”
I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to the Application have been met.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 9 August 2022.
COMMISSIONER
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ANNEXURE A
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