| [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
- AGLC
- Bidfood WA Pty Ltd [2022] FWCA 2696
- Case
- [2022] FWCA 2696
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed changes were necessary and reasonable for the business to operate effectively and whether the changes could be implemented without undermining the existing rights and protections of the employees under the Agreement. The Commission had to consider the principles of good faith bargaining, the need for flexibility in the workplace, and the balance between the employer's operational needs and the employees' rights. Additionally, the Commission needed to determine if the changes would result in a detriment to the employees and whether any such detriment was justified.
In its decision, the Fair Work Commission found that the proposed changes were necessary for Bidfood WA Pty Ltd to address operational challenges, such as ensuring sufficient staffing levels and maintaining productivity. The Commission concluded that the employer had acted in good faith and that the changes were reasonable, taking into account the employer's need for flexibility. The Commission also found that while some employees would experience a detriment, the changes were justified and did not undermine the existing rights and protections under the Agreement. Consequently, the application for variation was approved, with the specific changes outlined in the application being implemented as part of the revised Agreement.
The final orders included the introduction of a rostered day off, modifications to shift patterns, and the removal of the 30-minute meal break for certain employees, as sought by Bidfood WA Pty Ltd. The decision was made under the Fair Work Act 2009, and the new terms and conditions took effect from the date of the decision.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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