Carzen Pty Limited T/A Bidfood Dandenong South, Clayton Cold Stores Pty Ltd T/A Bidfood Dandenong South

[2023] FWCA 256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carzen Pty Limited T/A Bidfood Dandenong South, Clayton Cold Stores Pty Ltd T/A Bidfood Dandenong South

(AG2022/5434)

BIDFOOD DANDENONG SOUTH– ENTERPRISE AGREEMENT 2022

Storage services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 25 JANUARY 2023

Application for approval of the Bidfood Dandenong South– Enterprise Agreement 2022

Bidfood Dandenong South has applied for approval of an enterprise agreement known as the Bidfood Dandenong South– Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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

The United Workers’ Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2023. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved Carzen Pty Limited, trading as Bidfood Dandenong South, and Clayton Cold Stores Pty Ltd, also trading as Bidfood Dandenong South. The matter pertained to the approval of the Bidfood Dandenong South Enterprise Agreement 2022. The applicants sought to have the agreement certified as an enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for certification, including the adequacy of bargaining processes and the fairness of the terms and conditions.

The central legal issues the Commission needed to address were whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions. Additionally, the Commission had to consider if the agreement complied with the procedural requirements for certification, including the proper conduct of any protected industrial action and the involvement of appropriate employee representatives. The applicants argued that the agreement had been fairly negotiated and that all procedural requirements had been met. The Commission's task was to rigorously examine these assertions and determine if the agreement warranted certification.

In its decision, the Commission carefully examined the evidence presented regarding the negotiation process and the contents of the agreement. The Commission found that the agreement had been genuinely negotiated between the parties, with appropriate employee representatives involved. It also concluded that the agreement contained all the required minimum terms and conditions and that the necessary procedural steps had been followed. The Commission was satisfied that the agreement was fair and appropriate for certification. Accordingly, the Commission approved the Bidfood Dandenong South Enterprise Agreement 2022 as an enterprise agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established