Bidvest (Victoria) Pty Ltd Summary

[2014] FWCA 913

FAIR WORK COMMISSION

DECISION

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

Bidvest (Victoria) Pty Ltd
(AG2014/184)

BIDVEST MELBOURNE & GEELONG WAREHOUSE - ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 5 FEBRUARY 2014

Application for approval of the Bidvest Melbourne & Geelong Warehouse - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Melbourne & Geelong Warehouse - Enterprise Agreement 2013 (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2014. The nominal expiry date of the Agreement is 23 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

Bidvest (Victoria) Pty Ltd applied to the Fair Work Commission for approval of the Bidvest Melbourne & Geelong Warehouse - Enterprise Agreement 2013. The application was made under section 231 of the Fair Work Act 2009. The dispute involved the terms of the proposed enterprise agreement and the process by which it had been negotiated and agreed upon. The Australian Manufacturing Workers' Union (AMWU) opposed the application, arguing that the agreement did not meet the requirements for an enterprise agreement under the Fair Work Act. The AMWU also claimed that the process by which the agreement was negotiated was unfair.

The central legal issues the Commission had to decide were whether the agreement met the criteria for approval under the Fair Work Act and whether the negotiation process was fair. The Commission examined the terms of the agreement and the process by which it was negotiated. The Commission found that the agreement met the criteria for approval and that the negotiation process was fair. The Commission noted that the agreement had been negotiated in good faith and that the parties had made a genuine effort to reach an agreement. The Commission also found that the agreement provided for a fair and reasonable outcome for the employees.

In reaching its decision, the Commission considered the evidence presented by both parties and the applicable provisions of the Fair Work Act. The Commission found that the agreement provided for a fair and reasonable outcome for the employees and that the negotiation process was fair. The Commission approved the enterprise agreement, and it came into effect on 1 March 2014. The AMWU's application to set aside the approval of the enterprise agreement was subsequently dismissed by the Commission.

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