Bidfood Wa Pty Ltd T/A Bidfood Classic Meats Perth

[2024] FWCA 2498

[2024] FWCA 2498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bidfood Wa Pty Ltd T/A Bidfood Classic Meats Perth

(AG2024/2219)

BIDFOOD CLASSIC MEATS PERTH ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER LIM	PERTH, 5 JULY 2024

Application for approval of the Bidfood Classic Meats Perth Enterprise Agreement 2024

1. Bidfood Wa Pty Ltd T/A Bidfood Classic Meats Perth (the Applicant) has made an application for the approval of an enterprise agreement known as the Bidfood Classic Meats Perth Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. An outdated version of the Notice of Employee Representation Rights (NERR) was provided to employees. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

1. The Agreement was made on 30 May 2024 and the application for approval was lodged on 19 June 2024. This is six days outside of the 14-day requirement in s 185(3)(b). However, I am satisfied in all the circumstances that it is fair to extend the period for lodgment to 19 June 2024.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

1. 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.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (NES):

(a)Clause 2.6 – Abandonment of Employment; and

(b)Clause 3.4.4 – Overpayments.

1. However, I am satisfied that under clause 1.3.5 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 5 July 2024 and, in accordance with s 54, will operate from 12 July 2024. The nominal expiry date of the Agreement is 1 January 2027.

COMMISSIONER

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Annexure A – Undertakings