Burleigh Marr Distributions Pty Ltd Trading AS Bidfood Rockhampton

Case

[2025] FWCA 2986

4 SEPTEMBER 2025


[2025] FWCA 2986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Burleigh Marr Distributions Pty Ltd Trading AS Bidfood Rockhampton

(AG2025/2653)

BIDFOOD ROCKHAMPTON ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry

DEPUTY PRESIDENT SLEVIN

SYDNEY, 4 SEPTEMBER 2025

Application for approval of the Bidfood Rockhampton– Enterprise Agreement 2025

  1. An application has been made by Burleigh Marr Distributions Pty Ltd Trading As Bidfood Rockhampton (Applicant) for approval of an enterprise agreement known as the Bidfood Rockhampton– Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

  1. Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

  1. Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings. 

  2. A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. 

  1. Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.  

  1. The Agreement was approved on 4 September 2025 and will operate from 11 September 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE530329  PR791404>

ANNEXURE A

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