Burleigh Marr Distributions Pty Ltd Trading AS Bidfood Richlands, United Imports & Exports Co Pty Ltd Trading AS Bidfood Richlands

[2025] FWCA 742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burleigh Marr Distributions Pty Ltd Trading AS Bidfood Richlands, United Imports & Exports Co Pty Ltd Trading AS Bidfood Richlands

(AG2025/52)

BIDFOOD RICHLANDS– ENTERPRISE AGREEMENT 2025

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 FEBRUARY 2025

Application for approval of the Bidfood Richlands – Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bidfood Richlands – Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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.

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.

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

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 March 2025. The nominal expiry date of the Agreement is 1 January 2028.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Burleigh Marr Distributions Pty Ltd trading as Bidfood Richlands, and United Imports & Exports Co Pty Ltd trading as Bidfood Richlands applied to the Fair Work Commission for approval of the Bidfood Richlands – Enterprise Agreement 2025. The applicants sought to have the agreement approved under section 231 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The central legal issue before the Commission was whether the agreement complied with the statutory criteria for approval. These criteria include, but are not limited to, provisions regarding the agreement's coverage, the process through which it was made, and its compliance with the Better Off Overall Test (BOOT). The Commission also needed to consider whether the agreement was made in good faith and if it contained provisions that met the Fair Work Act's minimum standards.

The Fair Work Commission found that the agreement met all the statutory criteria for approval. The Commission confirmed that the agreement was made in good faith and that it contained provisions which were at least as favourable as the relevant minimum standards. It was also satisfied that the agreement covered the appropriate bargaining unit and was made through a proper process. Furthermore, the Commission concluded that the agreement satisfied the BOOT, ensuring that employees would be no worse off overall with the new agreement. Given these findings, the Commission approved the Bidfood Richlands – Enterprise Agreement 2025.

The Fair Work Commission ordered that the Bidfood Richlands – Enterprise Agreement 2025 be approved and registered, effective from the date of the Commission's decision. The agreement will apply to the employees covered by the agreement and will remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act. The applicants were directed to provide the Commission with a copy of the approved agreement and to notify all relevant parties of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established