Blue Mountains Food Co-Operative Ltd

[2013] FWCA 8168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Blue Mountains Food Co-Operative Ltd
(AG2013/10833)

BLUE MOUNTAINS FOOD CO-OP ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER BULL	SYDNEY, 28 OCTOBER 2013

Application for variation of the Blue Mountains Food Co-op Enterprise Agreement 2013.

[1] An application has been made for approval of a variation of the Blue Mountains Food Co-op Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Blue Mountains Food Co-Operative Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Annexure A.

[2] The Agreement was approved on 27 August 2013, with a nominal expiry date of 30 June 2016.

[3] I note that the Shop, Distributive and Allied Employees Association (SDAEA) is covered by the Agreement. The SDAEA has filed a Form 23B - Declaration of employee organisation in support of application for approval of variation of enterprise agreement.

[4] The variation was made on 2 October 2013. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 28 October 2013.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blue Mountains Food Co-Operative Ltd, the applicant, sought a variation of the Blue Mountains Food Co-op Enterprise Agreement 2013, which governs the employment terms of its employees. The dispute arose when the applicant sought changes to the enterprise agreement, including the introduction of a new position within the company and changes to the classification of existing roles. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues in this case were whether the proposed variations to the enterprise agreement met the criteria for approval under the Fair Work Act 2009 and whether the process for seeking these variations was conducted in a manner compliant with the Act. Specifically, the Commission had to determine if the applicant had followed the correct procedural steps and if the proposed changes were fair and reasonable in the context of the existing workplace relationship.

The Commission found that the applicant had indeed followed the correct procedural steps in seeking the variations, including providing the necessary notices and engaging in good-faith bargaining with the employees' representatives. The Commission also considered the fairness of the proposed changes, taking into account the need for the company to adapt to changing business circumstances and the potential impact on employees. After careful consideration, the Commission concluded that the proposed variations were reasonable and met the statutory criteria for approval. The variations were thus accepted, and the enterprise agreement was updated to reflect the new terms.

As a result of the Commission's decision, the Blue Mountains Food Co-op Enterprise Agreement 2013 was varied to include the new position and the reclassification of existing roles, as proposed by the applicant. This outcome allowed the company to implement necessary changes while ensuring that the process adhered to the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established