DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Rockhampton; United Imports & Exports Co Pty Ltd T/A Bidfood Rockhampton
(AG2019/1998)

BIDFOOD ROCKHAMPTON- ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 6 SEPTEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Rockhampton- 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 Rockhampton; United Imports & Exports Co Pty Ltd T/A Bidfood Rockhampton. 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. The undertakings are taken to be a term of 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] I observe that clauses 2.6.2, 5.4, 5.5, 5.7.5, 5.7.6 & 7.1.6 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 13 September 2019. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Bidfood Rockhampton Enterprise Agreement 2019, brought by Burleigh Marr Distributions Pty Ltd trading as Bidfood Rockhampton and United Imports & Exports Co Pty Ltd trading as Bidfood Rockhampton. The application was heard in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia. The dispute arose from the negotiation and subsequent proposed terms of employment for the employees of Bidfood Rockhampton.

The legal issues before the Commission centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fairly negotiated, if it complied with the good faith bargaining provisions, and if it provided for the minimum entitlements as prescribed by the Act. The applicants argued that the agreement was the result of genuine negotiations and provided fair terms for the employees, while no objections were raised by the employees or other parties involved.

The Commission examined the evidence provided and considered the principles of fairness and good faith in enterprise bargaining. It found that the applicants had demonstrated that the agreement was fairly negotiated and contained terms that met the statutory minimum entitlements. The Commission also noted that there were no objections from the employees, which indicated their acceptance of the proposed terms. Based on this, the Commission concluded that the agreement should be approved as it met the necessary legal criteria for enterprise agreements.

Accordingly, the Fair Work Commission approved the Bidfood Rockhampton Enterprise Agreement 2019, recognising it as a valid and legally binding agreement between the parties. This decision affirmed the terms and conditions of employment as negotiated by the applicants and accepted by the employees. The approval was granted in the absence of any objections and in compliance with the statutory requirements set out in the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established