Bidfood WA Pty Ltd T/A Bidfood Perth

[2017] FWCA 5515

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bidfood WA Pty Ltd T/A Bidfood Perth

(AG2017/2827)

Bidfood Perth - Enterprise Agreement 2017

Storage services
Deputy President Colman	MELBOURNE, 25 OCTOBER 2017

Application for approval of the Bidfood Perth - Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Bidfood Perth - 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 WA Pty Ltd T/A Bidfood Perth. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Bidfood WA Pty Ltd, trading as Bidfood Perth, applied for approval of the Bidfood Perth Enterprise Agreement 2017. The agreement in question was the result of negotiations between the employer and the union representing the employees, and the application sought to have this agreement approved under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it was made in good faith, whether it contained the prescribed minimum terms and conditions, and whether it would have a direct or indirect effect on the employees' employment conditions. The Commission had to consider whether the agreement was made fairly and in good faith, whether it contained the prescribed minimum terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act.

The Commission found that the agreement was made in good faith and contained the prescribed minimum terms and conditions. The Commission noted that the agreement had been negotiated over a period of several months, and that both parties had made efforts to reach an agreement that was acceptable to both sides. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act, and that it would not have an adverse effect on the employees' employment conditions. The Commission approved the Bidfood Perth Enterprise Agreement 2017, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the Bidfood Perth Enterprise Agreement 2017, with the aforementioned modifications. The approval was effective from the date of the Commission's decision, and the agreement became a registered agreement under the Fair Work Act. The parties were required to take all necessary steps to give effect to the agreement, including providing copies of the agreement to the employees and the Fair Work Ombudsman. The approval marked the end of a lengthy negotiation process, and provided certainty and stability for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established