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

[2021] FWCA 6451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Toowoomba, United Imports & Exports Co Pty Ltd T/A Bidfood Toowoomba
(AG2021/7752)

BIDFOOD TOOWOOMBA - ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 OCTOBER 2021

Application for the approval of the Bidfood Toowoomba - Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Toowoomba - Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 November 2021. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The parties in this matter are Burleigh Marr Distributions Pty Ltd, trading as Bidfood Toowoomba, and United Imports & Exports Co Pty Ltd, also trading as Bidfood Toowoomba. The dispute involves the application for the approval of the Bidfood Toowoomba Enterprise Agreement 2021. The case was heard in the Fair Work Commission of Australia. The applicant sought approval for the agreement, which aimed to regulate the terms and conditions of employment for the employees of Bidfood Toowoomba. The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for genuine bargaining, and whether it provided adequate protections for the employees.

The Commission began by examining the process of bargaining that led to the agreement. It was satisfied that the bargaining was genuine, as evidenced by the exchange of documents, meetings, and negotiations between the parties. The Commission also considered the content of the agreement, including provisions related to wages, hours of work, and other employment conditions. It found that the agreement contained provisions that were consistent with the principles of the Act and provided adequate protections for the employees. The Commission further noted that the agreement included a dispute resolution procedure and provisions for variation of the agreement in the future. Having considered all the evidence and arguments, the Commission was satisfied that the agreement met the requirements of the Act and approved it.

The Fair Work Commission approved the Bidfood Toowoomba Enterprise Agreement 2021, effective from the date of the decision. The Commission found that the agreement was the product of genuine bargaining and contained provisions that were consistent with the principles of the Fair Work Act 2009. The agreement was approved as a registered agreement, which means that it will have the force of law and be binding on the parties and their employees. The approval of the agreement ensures that the employees of Bidfood Toowoomba will have a clear understanding of their rights and obligations under the agreement, and provides a framework for resolving any future disputes that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established