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

[2022] FWCA 4518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4982)

Bidfood Townsville– Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 DECEMBER 2022

Application for approval of the Bidfood Townsville– Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Bidfood Townsville– 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 T/A Bidfood Townsville and United Imports & Exports Co Pty Ltd T/A Bidfood Townsville. The Agreement is a single enterprise 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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 28 December 2022. The nominal expiry date of the Agreement is 1 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian court involved Burleigh Marr Distributions Pty Ltd, trading as Bidfood Townsville, and United Imports & Exports Co Pty Ltd, also trading as Bidfood Townsville. The matter concerned the application for the approval of the Bidfood Townsville– Enterprise Agreement 2022. The dispute arose in the context of the Fair Work Act 2009, with the primary focus on whether the proposed agreement met the legislative requirements for registration.

The central legal issues before the court were whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly regarding the requirements for coverage, bargaining, and the avoidance of industrial action. The court had to determine if the agreement was made in good faith, if it was appropriately registered, and if it contained all necessary elements as stipulated by the Act. Furthermore, the court examined if the agreement adequately addressed the needs of both the employees and the employer, and if it facilitated a fair and productive working relationship.

In considering these issues, the court reviewed the submissions from both parties and the evidence presented. The applicant, Burleigh Marr Distributions, argued that the agreement was negotiated in good faith and included all necessary terms to ensure a balanced and fair working environment. The court found that the agreement was comprehensive, addressing various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The court was satisfied that the agreement was made in good faith, contained all necessary elements, and was fair and reasonable. Consequently, the court approved the application for the registration of the Bidfood Townsville– Enterprise Agreement 2022.

The final orders of the court approved the enterprise agreement, ensuring it was registered and could be implemented as intended. The agreement was deemed to comply with the statutory requirements, and the court confirmed its validity under the Fair Work Act. This decision allowed the parties to proceed with the implementation of the agreement, aiming to foster a productive and harmonious workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established