Burleigh Marr Distributions Pty Ltd Trading AS Bidfood Rockhampton Summary

[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

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.

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.

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

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.

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

ANNEXURE A

CaseChat Overview and Summary

Burleigh Marr Distributions Pty Ltd, trading as Bidfood Rockhampton, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, set to cover the period until 2025, was proposed between the company and its employees, who were represented by the Retail and Fast Food Workers Union of Australia. The core issue was whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009 and adhered to the principles of good faith bargaining and procedural fairness.

The court needed to examine several legal issues, including whether the agreement was genuinely negotiated between the parties, whether it contained terms that were necessary for the protection of employees, and whether the agreement was in compliance with the provisions of the Fair Work Act. The court also considered whether the process leading to the agreement was fair and whether the agreement was in the best interests of the employees.

In determining the validity of the agreement, the court found that the negotiation process was conducted in good faith and that the agreement was genuinely negotiated. The court held that the terms of the agreement were necessary for the protection of employees and that the process leading to the agreement was fair. The court concluded that the agreement was in the best interests of the employees and was compliant with the Fair Work Act. Accordingly, the court approved the Bidfood Rockhampton– Enterprise Agreement 2025.

The final orders of the court approved the proposed enterprise agreement, which will now be binding on the employees and the employer for the specified period. The approval is subject to the terms of the agreement and the continuing compliance with the Fair Work Act.

Burleigh Marr Distributions Pty Ltd Trading AS Bidfood Rockhampton

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established