Burleigh Marr Distributions Pty Ltd T/A Bidfood Yatala Summary

[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

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.

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.

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.

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.

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.

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.

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

CaseChat Overview and Summary

The case involves an application by Burleigh Marr Distributions Pty Ltd, trading as Bidfood Yatala, to the Fair Work Commission for the approval of the Bidfood Yatala– Enterprise Agreement 2022. The application was brought before the Commission to determine whether the agreement should be certified as a single-enterprise agreement, as defined under section 230 of the Fair Work Act 2009. The dispute centred on the definition of the enterprise within the context of the agreement, specifically whether it appropriately captured the scope of the employees and the business operations of Bidfood Yatala.

The central legal issue the Commission had to address was whether the proposed agreement appropriately defined the enterprise as a single enterprise within the meaning of the Fair Work Act. This required scrutiny of the agreement's scope to ensure it met the requirements for certification. Key considerations included whether the agreement's provisions accurately reflected the collective terms and conditions of employment for all employees within the defined enterprise, and if the enterprise was appropriately characterised as a single entity for the purposes of the Act.

In reaching its decision, the Commission evaluated the evidence and submissions provided by the applicant and the relevant stakeholders. The Commission considered the nature of Bidfood Yatala's business operations and the classification of its employees. It was determined that the agreement comprehensively covered all employees and accurately represented the enterprise's business activities. Consequently, the Commission found that the agreement met the necessary criteria for approval and certified it as a single-enterprise agreement.

The Fair Work Commission approved the Bidfood Yatala– Enterprise Agreement 2022, certifying it as a single-enterprise agreement. This decision ensures that the terms and conditions of employment for the employees of Bidfood Yatala are governed by this agreement, providing clarity and certainty for both the employer and the employees.

Burleigh Marr Distributions Pty Ltd T/A Bidfood Yatala

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established