Burleigh Marr Distributions Pty Ltd T/A Bidfood Yatala

[2022] FWCA 2572

[2022] FWCA 2572

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 Yatala

(AG2022/2191)

Bidfood Yatala– Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 4 AUGUST 2022

Application for approval of the Bidfood Yatala– Enterprise Agreement 2022

1. Burleigh Marr Distributions Pty Ltd T/A Bidfood Yatala (the Applicant) has applied for approval of an enterprise agreement known as the Bidfood Yatala– Enterprise Agreement 2022 (the Agreement). The Applicant and United Imports & Exports Co Pty Ltd have been identified as the two Employers covered by the Agreement (the Employers). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. Section 24(1) of the Fair Work Commission Rules states that if an application is made under section 185 of the Act for approval of an enterprise agreement that is not a greenfields agreement, each employer that is to be covered by the agreement must lodge a statutory declaration, in support of the application for approval, by an officer or authorised employee within 14 days after the agreement is made. Only one F17 was lodged. On account of the Employers being related entities, on 15 July 2022, I informed the Employers that I was prepared to dispense with this Rule per Rule 6 of the Fair Work Commission Rules 2013. 

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employers, and as a result, the Employers provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employers, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The United Workers Union (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) of the Act I note that the Agreement covers the UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

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Annexure A