DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidvest (Victoria) Pty Ltd T/A Bidvest Melbourne Logistics
(AG2015/38)

BIDVEST LOGISTICS MELBOURNE DISTRIBUTION - ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 JANUARY 2015

Application for approval of the Bidvest Logistics Melbourne Distribution - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Logistics Melbourne Distribution - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bidvest (Victoria) Pty Ltd T/A Bidvest Melbourne Logistics (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 27 January 2015 an undertaking was provided by Mr M Cosgrove, Operations Manager of the Company, in relation to clause 32.3 (Severance Pay) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2015. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bidvest (Victoria) Pty Ltd T/A Bidvest Melbourne Logistics applied to the Fair Work Commission for approval of the Bidvest Logistics Melbourne Distribution - Enterprise Agreement 2014. The union representing the employees, National Union of Workers, opposed the application on various grounds including the inadequacy of the agreement in addressing the employees' needs and concerns. The dispute was brought before the Fair Work Commission, which was required to decide whether the application should be approved.

The central legal issues the Commission needed to address were whether the agreement met the formal requirements for approval under the Fair Work Act 2009 and whether it provided for the employees' minimum entitlements and protected their interests effectively. The Commission considered whether the agreement was genuinely a product of bargaining between the parties, whether it covered the correct employees, and whether it complied with the provisions of the Act regarding minimum terms and conditions. Additionally, the Commission examined whether the agreement provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission determined that the application should be approved. The Commission found that the agreement was genuinely a product of bargaining and covered the correct employees. It satisfied the formal requirements of the Act and provided for the employees' minimum entitlements. The Commission also concluded that the agreement included terms and conditions that were fair and reasonable, taking into account the economic and social context in which the agreement was made. The Commission's decision was based on a detailed analysis of the agreement and the evidence presented by both parties.

The Fair Work Commission approved the Bidvest Logistics Melbourne Distribution - Enterprise Agreement 2014, subject to certain conditions and modifications to address the concerns raised by the union. The final orders included the approval of the agreement with specific modifications to ensure compliance with the Act and the protection of the employees' interests. The decision was made in the interest of maintaining fair and harmonious industrial relations between the parties.

Bidvest (Victoria) Pty Ltd T/A Bidvest Melbourne Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established