DECISION

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

Burleigh Marr Distributions Pty Ltd T/A Bidfood Richlands; United Imports & Exports Co Pty Ltd T/A Bidfood Richlands
(AG2019/2031)

BIDFOOD RICHLANDS– ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER BOOTH	BRISBANE, 26 JULY 2019

Application for approval of the Bidfood Richlands- 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 Richlands; United Imports & Exports Co Pty Ltd T/A Bidfood Richlands (Bidfood Richlands) for approval of the Bidfood Richlands– Enterprise Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] The matter was listed for a telephone conference on 8 July 2019, to discuss a number of concerns in relation to the Agreement.

[3] Further to the conference in this matter, Bidfood Richlands filed submissions and signed undertakings addressing the concerns raised.

[4] Correspondence was sent to the bargaining representatives on 10 July 2019, seeking any response to the undertakings. No objections to the undertakings were received.

[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] As clause 1.5.9 of the Agreement is more restrictive than s.203 of the Act in relation to the termination of a flexibility agreement, the model flexibility term as set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Transport Workers’ Union (the TWU) and the National Union of Workers (the NUW) filed Form F18s in this matter, providing support for 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 TWU and the NUW.

[8] 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.

[9] 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 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The applicants, Burleigh Marr Distributions and United Imports & Exports Co, trading as Bidfood Richlands, sought approval for the Bidfood Richlands Enterprise Agreement 2019 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the legislation. The primary dispute centred on whether the agreement appropriately covered the employees, whether it was made in good faith, and whether it contained the necessary provisions to be considered a simple, effective, and efficient enterprise agreement.

The court was required to consider several legal issues, including whether the applicants had followed the correct procedures for the agreement to be considered valid, whether the agreement contained all the necessary minimum terms and conditions, and if the agreement had been made in good faith. Additionally, the court needed to assess if the agreement provided for fair and reasonable terms and conditions for the employees, and if it was an efficient and effective means of regulating the employment relationship.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions as required by the Fair Work Act 2009. The court also determined that the agreement was a simple, effective, and efficient means of regulating the employment relationship. The Commission was satisfied that the applicants had followed the correct procedures for the agreement and that it provided for fair and reasonable terms and conditions for the employees. Consequently, the court approved the Bidfood Richlands Enterprise Agreement 2019.

The Fair Work Commission approved the Bidfood Richlands Enterprise Agreement 2019, subject to the conditions outlined in the decision. The applicants were directed to take all reasonable steps to ensure the agreement was brought into effect and to provide a copy of the approved agreement to the Fair Work Ombudsman. This decision provided clarity on the requirements for an enterprise agreement to be considered valid and approved under the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established