DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Colmslie; and
United Imports & Exports Co Pty Ltd T/A Bidfood Colmslie
(AG2020/1854)

BIDFOOD COLMSLIE – ENTERPRISE AGREEMENT 2020

Miscellaneous
COMMISSIONER WILLIAMS	PERTH, 28 JULY 2020

Application for approval of the Bidfood Colmslie - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Colmslie - Enterprise Agreement 2020 (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 Colmslie and United Imports & Exports Co Pty Ltd T/A Bidfood Colmslie. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2020. The nominal expiry date of the Agreement is 1 January 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Burleigh Marr Distributions Pty Ltd T/A Bidfood Colmslie; and United Imports & Exports Co Pty Ltd T/A Bidfood Colmslie, the Fair Work Commission was tasked with approving an enterprise agreement. The applicant parties sought approval of the Bidfood Colmslie - Enterprise Agreement 2020. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The agreement in question was submitted for approval by the applicants, who were employers represented by Burleigh Marr Distributions and United Imports & Exports.

The legal issues the commission had to resolve included whether the agreement contained the necessary minimum terms as prescribed by the Act, and whether the agreement was made in good faith and without coercion. Additionally, the commission examined whether the agreement provided for a proper process for the resolution of employee disputes. The applicants argued that the agreement was comprehensive, inclusive of all required terms, and was made without any undue influence or coercion. The union representatives, however, contested certain provisions of the agreement, asserting that it did not adequately protect employee interests.

The commission meticulously reviewed the terms of the agreement against the statutory requirements. It found that the agreement included all the mandated minimum terms and that there was no evidence of coercion or bad faith in its creation. The commission also noted that the agreement provided for a fair process for resolving employee disputes, thereby satisfying the statutory criteria. Consequently, the commission approved the Bidfood Colmslie - Enterprise Agreement 2020, recognising its compliance with the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established