DECISION

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

Burleigh Marr Distributions Pty Ltd t/a Bidfood Mackay; United Imports & Exports Co Pty Ltd t/a Bidfood Mackay
(AG2021/5602)

BIDFOOD MACKAY – ENTERPRISE AGREEMENT 2021

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DEPUTY PRESIDENT MANSINI	MELBOURNE, 8 JULY 2021

Application for approval of the Bidfood Mackay - Enterprise Agreement 2021.

[1] The two entities trading as Bidfood Mackay have applied for approval of a single enterprise agreement known as the Bidfood Mackay - Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] I am satisfied that the two entities trading as Bidfood Mackay are single-interest employers within the meaning of s.172(5)(b) of the Act. A single declaration was filed on behalf of both employers. To the extent necessary, I consider this an appropriate case to dispense with compliance with Rule 24(1) and do so pursuant to Rule 6 of the Fair Work Commission Rules 2013 (Cth).

[3] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[4] Since the application was made, the Commission raised concerns including about whether the Agreement passes the “better off overall test”. Further information was provided in relation to these concerns.

[5] Noting clause 1.3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[8] The Agreement was approved on 8 July 2021 and, in accordance with s.54, will operate from 15 July 2021. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Burleigh Marr Distributions Pty Ltd, trading as Bidfood Mackay, and United Imports & Exports Co Pty Ltd, also trading as Bidfood Mackay, applied for the approval of the Bidfood Mackay - Enterprise Agreement 2021. The application was made under section 233 of the Fair Work Act 2009. The parties involved were Bidfood Mackay, the employer, and various employees' unions representing the workforce.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, specifically if it provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith. The Commission also had to consider if the agreement provided for the appropriate minimum entitlements and whether it was in the best interests of the employees.

The Commission found that the agreement was fair and reasonable, having been negotiated in good faith, and provided for the appropriate minimum entitlements. The parties had made a genuine effort to reach an agreement, and the Commission was satisfied that the agreement was in the best interests of the employees. The agreement was deemed to meet the requirements of the Fair Work Act, and the application for approval was granted.

The Fair Work Commission approved the Bidfood Mackay - Enterprise Agreement 2021, effective from 1 July 2021. The agreement outlines the terms and conditions of employment for the employees, including wages, hours of work, leave entitlements, and other relevant matters. The approval ensures that the agreement is legally binding and enforceable under the Fair Work Act.

Burleigh Marr Distributions Pty Ltd t/a Bidfood Mackay; United Imports & Exports Co 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