Burleigh Marr Distributions Pty Ltd T/A Bidfood Bundaberg and United Imports & Exports Co Pty Ltd T/A Bidfood Bundaberg

[2024] FWCA 976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Bundaberg and United Imports & Exports Co Pty Ltd T/A Bidfood Bundaberg

(AG2024/525)

BIDFOOD BUNDABERG – ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER WILSON	MELBOURNE, 19 MARCH 2024

Application for approval of the Bidfood Bundaberg – Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bidfood Bundaberg – Enterprise Agreement 2024 (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 T/A Bidfood Bundaberg and United Imports & Exports Co Pty Ltd T/A Bidfood Bundaberg. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 25 January 2024 and the Agreement was made on 20 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2024. The nominal expiry date of the Agreement is 1 February 2027.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Burleigh Marr Distributions Pty Ltd trading as Bidfood Bundaberg and United Imports & Exports Co Pty Ltd trading as Bidfood Bundaberg, who sought approval of their Enterprise Agreement 2024. The application was heard in the Fair Work Commission, the body responsible for overseeing the approval of enterprise agreements under the Fair Work Act 2009. The enterprise agreement in question aimed to establish terms and conditions of employment for employees of the companies involved.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under section 231 of the Fair Work Act 2009. This involved assessing whether the agreement was appropriately certified, if it included the minimum terms prescribed by the Act, and if it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement would have a detrimental effect on employees or the industrial relations system.

The Fair Work Commission determined that the enterprise agreement was appropriately certified and included all the minimum terms required by the Act. The Commission found that the agreement was made in good faith and without coercion, based on the evidence presented. Furthermore, the Commission concluded that the agreement would not have an adverse effect on employees or the broader industrial relations system. The Commission was satisfied that the agreement provided a fair and reasonable framework for the employment relationship.

In light of these findings, the Fair Work Commission approved the Bidfood Bundaberg – Enterprise Agreement 2024. The approval was made effective from the date of the Commission's decision, ensuring that the terms and conditions outlined in the agreement would apply to the employees of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established