DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd T/A Bidfood Yatala
(AG2017/2551)

BIDFOOD YATALA - ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER JOHNS	SYDNEY, 26 SEPTEMBER 2017

Application for approval of the Bidfood Yatala - Enterprise Agreement 2017.

[1] On 30 June 2017 Burleigh Marr Distributions Pty Ltd T/A Bidfood Yatala (Applicant) made an application for approval of the Bidfood Yatala - Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the National Union of Workers has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 October 2017. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the case of Burleigh Marr Distributions Pty Ltd T/A Bidfood Yatala, the Fair Work Commission was asked to approve the Bidfood Yatala - Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for employees within the distribution industry, specifically addressing wages, hours, and other employment-related matters. The Commission was tasked with ensuring that the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms and conditions as stipulated in the Act. This involved examining the fairness and reasonableness of the agreement, including its compliance with the provisions relating to minimum rates of pay, penalty rates, and other employment standards. Additionally, the Commission had to determine if the agreement had been made in good faith and if it appropriately covered the relevant employees.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement did contain all the necessary mandatory terms and was fair and reasonable. The Commission concluded that the agreement had been made in good faith and was appropriate for the relevant employees. Consequently, the Fair Work Commission approved the Bidfood Yatala - Enterprise Agreement 2017, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act 2009.

Burleigh Marr Distributions Pty Ltd T/A Bidfood Yatala

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established