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

[2022] FWCA 4137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2022/4625)

Bidfood Rockhampton– Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER SPENCER	BRISBANE, 25 NOVEMBER 2022

Application for approval of the Bidfood Rockhampton–Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bidfood Rockhampton–Enterprise Agreement 2022 (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 (the Applicant). The Agreement is a single enterprise agreement.

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.

The United Workers’ Union (the UWU), 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 2 December 2022. The nominal expiry date of the Agreement is 1 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Burleigh Marr Distributions Pty Ltd trading as Bidfood Rockhampton, and the respondent, United Imports & Exports Co Pty Ltd, were involved in a dispute regarding the approval of the Bidfood Rockhampton–Enterprise Agreement 2022. The application for the agreement's approval was heard in the Fair Work Commission, an Australian federal statutory court with jurisdiction over workplace relations matters. The agreement in question was an enterprise agreement, a type of workplace agreement that applies to a specific group of employees within a particular business, and it aimed to establish the terms and conditions of employment for the employees of Bidfood Rockhampton.

The primary legal issue the court needed to address was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the requirements for "genuine agreement" and whether it contained all the mandatory terms prescribed by the Fair Work Act. Additionally, the court had to consider whether the agreement was made in accordance with the process outlined in the Fair Work Act, including whether the parties had genuinely attempted to negotiate in good faith.

In reaching its decision, the court carefully examined the evidence presented by both parties, including the negotiation process, the documentation, and the testimonies of the parties' representatives. The court found that the enterprise agreement had been made in good faith and that all mandatory terms were included. Furthermore, the court determined that the agreement met the legal requirements for genuine agreement and compliance with the Fair Work Act. Consequently, the court approved the Bidfood Rockhampton–Enterprise Agreement 2022, recognising it as a valid and binding workplace agreement.

The Fair Work Commission's decision to approve the Bidfood Rockhampton–Enterprise Agreement 2022 establishes the terms and conditions of employment for the employees of Bidfood Rockhampton, providing certainty and stability in the workplace. The court's approval of the agreement signifies that it is in compliance with the Fair Work Act and represents a genuine agreement between the parties. The final outcome of this case reinforces the importance of adhering to the legal requirements for enterprise agreements and the role of the Fair Work Commission in ensuring fair and equitable workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established