[2018] FWCA 601

The attached document replaces the document previously issued with the above code on 30 January 2018.

The name of the enterprise agreement in the title of the decision is amended to Bidfood Adelaide Enterprise Agreement 2016

Dated 30 January 2018.

[2018] FWCA 601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cater Plus Pty Ltd T/A Bidfood Adelaide
(AG2017/6105)

BIDFOOD ADELAIDE ENTERPRISE AGREEMENT 2016

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JANUARY 2018

Application for approval of the Bidfood Adelaide Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Adelaide Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cater Plus Pty Ltd T/A Bidfood Adelaide. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2018. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Cater Plus Pty Ltd trading as Bidfood Adelaide, applied to the Fair Work Commission for approval of the Bidfood Adelaide Enterprise Agreement 2016. The dispute centred around whether the proposed agreement met the statutory requirements for approval, particularly in relation to the procedural fairness and the implications of the agreement on the employees' rights. The case was heard by the Fair Work Commission, which is responsible for handling workplace disputes and ensuring that enterprise agreements comply with the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement was made in good faith, if the bargaining process was procedurally fair, and whether the agreement adequately protected the employees' rights. The court needed to assess whether the process of developing the agreement was transparent and whether the agreement provided for fair terms and conditions of employment. Additionally, the court examined if the agreement complied with the statutory minimum standards set out in the Fair Work Act.

In its decision, the Fair Work Commission found that the agreement was made in good faith and that the bargaining process was procedurally fair. The court noted that the applicant had engaged in meaningful negotiations with the relevant employee representatives and had taken steps to ensure that employees were adequately informed about the agreement. The Commission held that the agreement provided for fair terms and conditions of employment and did not undermine the employees' rights. The court approved the agreement, confirming that it met all statutory requirements for approval.

The Commission ordered that the Bidfood Adelaide Enterprise Agreement 2016 be approved and registered. The agreement was to be effective from the date of the decision and would apply to the relevant employees until it was varied or terminated in accordance with the Fair Work Act.

Cater Plus Pty Ltd T/A Bidfood Adelaide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established