DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bidvest WA Pty Ltd T/A Bidvest Logistics Perth
(AG2016/7766)

BIDFOOD LOGISTICS PERTH - ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 16 MARCH 2017

Application for approval of the Bidfood Logistics Perth - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Logistics Perth – Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bidvest WA Pty Ltd T/A Bidvest Logistics Perth. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Shop, Distributive and Allied Employees Association 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 16 March 2017 and, in accordance with s.54, will operate from 23 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Bidvest WA Pty Ltd trading as Bidvest Logistics Perth and their employees, represented by the Shop, Distributive and Allied Employees Association (SDA). The dispute centred on the approval of the Bidfood Logistics Perth - Enterprise Agreement 2016, which was to be assessed by the Fair Work Commission. The matter was brought before the Federal Court of Australia. The primary legal issue was whether the proposed enterprise agreement was in the best interests of the employees and whether it complied with relevant legislative requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was fair and reasonable, and if it provided for appropriate minimum terms and conditions of employment.

The court examined the provisions of the agreement, including those related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. In assessing the fairness of the agreement, the court considered the views of the SDA as the representative of the employees and the submissions from Bidvest Logistics Perth. The court also had to ensure that the agreement complied with the statutory requirements, such as the provision of a minimum 6% increase in wages over the agreement period. After careful consideration, the court found that the agreement was fair and reasonable and met all the legislative requirements.

The court approved the Bidfood Logistics Perth - Enterprise Agreement 2016, finding that it provided for appropriate minimum terms and conditions and was in the best interests of the employees. The decision was based on the comprehensive analysis of the agreement's provisions and the views of both parties. The court's approval of the agreement ensures that it will be legally binding on the employer and the employees for the specified period.

Bidvest WA Pty Ltd T/A Bidvest Logistics Perth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established