DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidvest (Victoria) Pty Ltd
(AG2015/6317)

BIDVEST MELBOURNE & GEELONG WAREHOUSE — ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 11 DECEMBER 2015

Application for approval of the Bidvest Melbourne & Geelong Warehouse – Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Melbourne & Geelong Warehouse – Enterprise Agreement 2015 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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] 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.

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

[5] The Agreement was approved on 11 December 2015 and, in accordance with s.54, will operate from 18 December 2015. The nominal expiry date of the Agreement is 23 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

Bidvest (Victoria) Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval for its Melbourne & Geelong Warehouse – Enterprise Agreement 2015. The applicant, an employer, and the respondents, trade unions representing the employees, were the primary parties involved in the proceedings. The main dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved ensuring that the proposed agreement complied with various provisions of the Act, including its coverage of the relevant employees, the agreement's process of creation, and whether it contained the mandated minimum terms and conditions of employment. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it provided for a fair and effective system for resolving disputes.

In its decision, the Commission considered the evidence and submissions from both parties. The Commission concluded that the agreement had been made in good faith and included a fair and effective system for resolving disputes. It also found that the agreement met the statutory requirements for approval, including covering the relevant employees and containing the mandated minimum terms and conditions of employment. The Commission approved the proposed agreement, thereby resolving the dispute in favour of the applicant.

Bidvest (Victoria) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established