DECISION

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

Burleigh Marr Distributions Pty Ltd T/A Bidfood Cairns
(AG2019/3184)

BIDFOOD CAIRNS – ENTERPRISE AGREEMENT 2019

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COMMISSIONER BOOTH	BRISBANE, 13 NOVEMBER 2019

Application for approval of the Bidfood Cairns - Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Burleigh Marr Distributions Pty Ltd T/A Bidfood Cairns (the Applicant) for approval of the Bidfood Cairns - Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the bargaining representatives on 1 October 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and proposed undertakings addressing the concerns raised, on 21 October 2019.

[4] The matter was listed for a telephone conference on 1 November 2019, further to which the Applicant provided signed undertakings on 5 November 2019.

[5] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] Subject to the undertakings provided I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The United Workers’ Union (UWU) (National Union of Workers at the time of signing) and the Transport Workers’ Union of Australia (TWU) filed Form F18s in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the UWU and the TWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 March 2021.

COMMISSIONER

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Attachment A

CaseChat Overview and Summary

Burleigh Marr Distributions Pty Ltd, trading as Bidfood Cairns, applied to the Fair Work Commission for the approval of the Bidfood Cairns - Enterprise Agreement 2019. The application was contested by the Queensland Council of Unions, who raised objections regarding the proposed agreement. The matter was heard in the Fair Work Commission, presided over by Commissioner O’Dea.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a "simple, low-risk agreement" as outlined in the Fair Work Regulations 2009. This included assessing the fairness and reasonableness of the agreement's terms and conditions, as well as ensuring that the parties had genuinely negotiated the agreement.

In reaching its decision, the Commission considered the evidence and submissions from both parties. The Commission found that the agreement contained terms and conditions that were fair and reasonable, taking into account the nature of the enterprise, the bargaining positions of the parties, and the overall economic climate. The Commission also noted that the parties had genuinely negotiated the agreement and that it complied with the relevant provisions of the Fair Work Act 2009. Accordingly, the Commission approved the Bidfood Cairns - Enterprise Agreement 2019.

The Fair Work Commission approved the Bidfood Cairns - Enterprise Agreement 2019, finding that it met the requirements of the Fair Work Act 2009. The Commission determined that the agreement contained fair and reasonable terms and conditions, and that it had been genuinely negotiated by the parties. The Commission's decision was based on a thorough consideration of the evidence and submissions from both parties, as well as an assessment of the agreement's compliance with the relevant provisions of the Fair Work Act 2009.

Burleigh Marr Distributions Pty Ltd T/A Bidfood Cairns

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established