Bidfood WA Pty Ltd T/A Bidfood Fresh Perth

[2018] FWCA 5842

[2018] FWCA 5842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidfood WA Pty Ltd T/A Bidfood Fresh Perth
(AG2018/1869)

BIDFOOD FRESH PERTH - ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Bidfood Fresh Perth - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Fresh Perth - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bidfood WA Pty Ltd T/A Bidfood Fresh Perth. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s. 190. 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 Agreement lodged contained an error at Clause A1.1. On 17 September 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Shop, Distributive and Allied Employees Association and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 1 May 2020.

COMMISSIONER

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Annexure A