DECISION

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

Burleigh Marr Distributions Pty Ltd T/A Bidfood Brisbane, Bidfood Gold Coast, Bidfood Cairns, Bidfood Mackay, Bidfood Sunshine Coast, Bidfood Townsville, Bidfood Toowoomba, Bidfood Logistics Brisbane and Bidfood Hervey Bay
(AG2019/2139)

BIDFOOD BRISBANE & REGIONAL SITES - ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 1 AUGUST 2019

Application for approval of the Bidfood Brisbane & Regional Sites - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Brisbane & Regional Sites – Enterprise Agreement 2019 (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.

[2] The Agreement is a single enterprise agreement.

[3] Mr Peter Biagini, Queensland Branch Secretary of the Transport Workers’ Union of Australia (TWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the TWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[4] Mr Godfrey Moase, Assistant General Branch Secretary of the National Union of Workers (NUW), a bargaining representative for the Agreement, also filed a Form F18 statutory declaration stating the NUW supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[6] 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.

[7] In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU and the NUW.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

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Appendix A.

CaseChat Overview and Summary

The case involves an application for the approval of the "Bidfood Brisbane & Regional Sites - Enterprise Agreement 2019" brought before the Fair Work Commission. The parties involved include Burleigh Marr Distributions Pty Ltd, trading under various names such as Bidfood Brisbane, Bidfood Gold Coast, and others, and a union representing the employees. The nature of the dispute pertains to the terms and conditions of employment as outlined in the proposed enterprise agreement, which seeks to govern the relationship between the employer and the employees across multiple regional sites. The legal issues that the court had to address were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including the consideration of minimum entitlements, procedural fairness, and the overall fairness of the agreement.

The court examined the proposed agreement in detail, assessing whether it provided for the minimum entitlements as stipulated by the Fair Work Act, and if it was free from any procedural defects. The court also had to consider whether the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The decision hinged on whether the agreement contained provisions that adequately protected the rights and interests of the employees while also being practical and feasible for the employer. The court found that the agreement satisfied the legislative requirements and was fair and reasonable, leading to the approval of the enterprise agreement.

The Fair Work Commission approved the "Bidfood Brisbane & Regional Sites - Enterprise Agreement 2019", affirming that it met all statutory requirements and was fair and reasonable. The decision was based on the comprehensive evaluation of the agreement's provisions and its alignment with the Fair Work Act. The court concluded that the agreement provided for the minimum entitlements, adhered to procedural fairness, and balanced the interests of both parties. The final orders included the approval of the enterprise agreement, which would now govern the employment terms and conditions for the employees across the specified regional sites.

Burleigh Marr Distributions Pty Ltd T/A Bidfood Brisbane, Bidfood Gold Coast, Bidfood Cairns, Bidfood Mackay, Bidfood Sunshine Coast, Bidfood Townsville, Bidfood Toowoomba, Bidfood Logistics Brisbane and Bidfood...

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established