Burleigh Marr Distributions Pty Ltd T/A Bidfood Gold Coast, United Imports & Exports Co Pty Ltd T/A Bidfood Gold Coast

[2023] FWCA 1091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Gold Coast, United Imports & Exports Co Pty Ltd T/A Bidfood Gold Coast

(AG2023/860)

BIDFOOD GOLD COAST– ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 APRIL 2023

Application for approval of the Bidfood Gold Coast– Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Bidfood Gold Coast– Enterprise Agreement 2023 (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 Gold Coast and United Imports & Exports Co Pty Ltd T/A Bidfood Gold Coast. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure 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. The undertakings are taken to be a term of the Agreement.

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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2023. The nominal expiry date of the Agreement is 1 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Burleigh Marr Distributions Pty Ltd, trading as Bidfood Gold Coast, and United Imports & Exports Co Pty Ltd, also trading as Bidfood Gold Coast, who were involved in a dispute over the proposed Enterprise Agreement 2023. The case was heard in the Fair Work Commission, which was responsible for determining whether the proposed agreement should be approved and registered.

The primary legal issue before the Commission was whether the Enterprise Agreement 2023 met the necessary requirements under the Fair Work Act 2009. This included assessing whether the agreement provided for a genuine enterprise bargaining process, contained the required minimum terms and conditions, and was in the best interests of the employees. The Commission needed to determine if the agreement was fair and reasonable, considering all relevant factors, including the economic circumstances, and whether it promoted productivity, sustainable prosperity, and improved living standards.

In reaching its decision, the Commission considered the submissions made by both parties and the evidence provided. The Commission noted that the agreement was the result of genuine bargaining between the employer and the employees' representatives. The agreement included provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission was satisfied that the agreement contained the required minimum terms and conditions and that it was in the best interests of the employees. The Commission also found that the agreement promoted productivity, sustainable prosperity, and improved living standards. Based on these findings, the Commission approved the Enterprise Agreement 2023 and ordered that it be registered.

As a result of the decision, the Enterprise Agreement 2023 was approved and registered, and the terms and conditions set out in the agreement became legally binding on the employer and employees. The agreement provided a framework for the employment relationship between the parties and addressed various aspects of the employees' working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established