DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Mackay
(AG2019/700)

BIDFOOD MACKAY - ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Mackay - 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 T/A Bidfood Mackay. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement lodged contained an error at Clause 2.2.5. On 15 April 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 1 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Burleigh Marr Distributions Pty Ltd, trading as Bidfood Mackay, involved an application for the approval of the Bidfood Mackay - Enterprise Agreement 2019. The application was heard by the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval, particularly focusing on compliance with the 'better off overall test', which ensures that the agreement provides employees with at least the same terms and conditions as they would receive under applicable awards.

The key legal issue before the Commission was whether the proposed enterprise agreement provided employees with terms and conditions that were no worse than those under their applicable awards, while also offering them some advantage. The Commission had to evaluate the provisions of the agreement, including wages, hours of work, leave entitlements, and other terms and conditions, against the relevant awards. Another aspect of the inquiry was whether the agreement complied with procedural requirements, such as proper consultation with employees and adequate disclosure of information.

The Commission examined the evidence and submissions provided by the parties, including the views of the employee representatives and the employer. It found that the agreement did indeed meet the 'better off overall test', as employees would not be worse off and some would benefit from specific provisions in the agreement. The Commission also confirmed that the necessary procedural requirements had been met, including the provision of relevant information and genuine consultation with employees. As a result, the Fair Work Commission approved the Bidfood Mackay - Enterprise Agreement 2019.

Burleigh Marr Distributions Pty Ltd T/A Bidfood Mackay

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established