| [2023] FWCA 1847 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Burleigh Marr Distributions Pty Ltd T/A Bidfood Sunshine Coast, United Imports & Exports Co Pty Ltd
(AG2023/1463)
APPLICATION FOR APPROVAL OF THE BIDFOOD SUNSHINE COAST– ENTERPRISE AGREEMENT 2023
| Storage services | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 22 JUNE 2023 |
Application for approval of the Bidfood Sunshine Coast– Enterprise Agreement 2023.
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Bidfood Sunshine Coast– Enterprise Agreement 2023 (Agreement).
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.
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.
The United Workers’ Union 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 29 June 2023. The nominal expiry date of the Agreement is 1 September 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Burleigh Marr Distributions Pty Ltd T/A Bidfood Sunshine Coast, United Imports & Exports Co Pty Ltd [2023] FWCA 1847
- Case
- [2023] FWCA 1847
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. This involved examining if the agreement provided for a fair and efficient system of employee representation and whether it included minimum terms and conditions that were not less favourable than those provided by relevant awards or the national employment standards. The Commission also had to consider whether the agreement was made in good faith and whether it had been appropriately certified by the Australian Building and Construction Commission (ABCC).
The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. It was determined that the agreement provided for an efficient and fair system of employee representation, and it contained terms and conditions that were not less favourable than those provided by relevant awards or the national employment standards. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the certification process was correctly followed. The Commission approved the Bidfood Sunshine Coast– Enterprise Agreement 2023, thereby resolving the dispute in favour of the applicants.
As a result of the Commission's decision, the Bidfood Sunshine Coast– Enterprise Agreement 2023 was approved and will come into effect on the date specified in the agreement. The approval signifies that the terms and conditions outlined in the agreement are legally binding on the parties involved, providing clarity and certainty in the employment relationship between Burleigh Marr Distributions Pty Ltd and its employees.
Orders
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Background
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Evidence
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Decision
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