DECISION

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

Burleigh Marr Distributions Pty Ltd
(AG2015/558)

BIDVEST BRISBANE & REGIONAL SITES - ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 27 MARCH 2015

Application for approval of the Bidvest Brisbane & Regional Sites - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Brisbane & Regional Sites - 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 Burleigh Marr Distributions Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 18 March 2015. On 19 March 2015 I received a signed undertaking in response to the queries from Michael West, Burleigh Marr Distributions Pty Ltd. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The National Union of Workers and The Australian Workers’ Union have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with Section 201(2) of the Act I note that the Agreement covers the two organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

Burleigh Marr Distributions Pty Ltd applied to the Fair Work Commission for approval of the Bidvest Brisbane & Regional Sites - Enterprise Agreement 2015. The applicant, a company involved in the distribution of beverages, sought to have the agreement, which outlined terms and conditions of employment for certain employees, formally recognised and enforced. The dispute centred around the procedural fairness of the agreement's negotiation and the extent to which it complied with statutory requirements under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Act, and whether the agreement itself was fair and reasonable. The applicant argued that the agreement was negotiated in good faith and met all necessary criteria. The court had to examine whether the necessary consultation had occurred and whether the agreement was genuinely negotiated and not imposed.

The Fair Work Commission found that the agreement had indeed been made in accordance with the procedural requirements. The commission noted that the applicant had demonstrated a process of genuine negotiation and consultation with the employees' representatives. Furthermore, the commission determined that the terms of the agreement were fair and reasonable, taking into account the interests of both the employees and the employer. The commission was satisfied that the agreement did not unjustifiably disadvantage any party and complied with all statutory obligations.

As a result of this determination, the Fair Work Commission approved the Bidvest Brisbane & Regional Sites - Enterprise Agreement 2015. The agreement was to be formally recognised and enforceable, providing a framework for the terms and conditions of employment for the specified employees.

Burleigh Marr Distributions 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