Bidvest (Victoria) Pty Ltd Summary

[2014] FWCA 6244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bidvest (Victoria) Pty Ltd
(AG2014/1908)

BIDVEST GEELONG TRANSPORT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 9 SEPTEMBER 2014

Application for approval of the Bidvest Geelong Transport Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Geelong Transport Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bidvest (Victoria) Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 27 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Bidvest (Victoria) Pty Ltd was the subject of an application for the approval of the Bidvest Geelong Transport Enterprise Agreement 2014. The application was brought by the employer before the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement satisfied the mandatory provisions set out in Schedule 2 of the Act, particularly concerning minimum wages, penalty rates, leave entitlements, and other conditions of employment. The secondary issue was whether the agreement had been made in good faith and whether the bargaining was genuinely representative of the employees involved.

The Commission found that the agreement did meet the statutory requirements and had been made in good faith. It noted that the agreement included provisions that exceeded the minimum standards prescribed by the Act in areas such as wages and leave entitlements. The Commission also concluded that the bargaining process was genuinely representative as it involved a recognised union and covered a significant proportion of the workforce. As a result, the application for approval was successful.

The Fair Work Commission approved the Bidvest Geelong Transport Enterprise Agreement 2014, confirming its compliance with the Act and its genuine representation of the employees. The decision is significant for employers and employees alike, providing clarity on the standards required for enterprise agreements and the process for their approval.

Bidvest (Victoria) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established