| [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
<AE528182 PR784772>
Annexure A
- AGLC
- Burleigh Marr Distributions Pty Ltd Trading AS Bidfood Richlands, United Imports & Exports Co Pty Ltd Trading AS Bidfood Richlands [2025] FWCA 742
- Case
- [2025] FWCA 742
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.