Cater Plus Pty Ltd T/A Bidfood Adelaide Summary

[2022] FWCA 4039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cater Plus Pty Ltd T/A Bidfood Adelaide

(AG2022/4398)

Bidfood Adelaide Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT EASTON	SYDNEY, 17 NOVEMBER 2022

Application for approval of the Bidfood Adelaide Enterprise Agreement 2022.

Cater Plus Pty Ltd T/A Bidfood Adelaide (the Employer) has made an application for the approval of the Bidfood Adelaide Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act. The undertaking ensures that the requirements of s.203(4) of the Act have been met.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 2.3.7(g) – Redundancy and Clause 2.6 – Abandonment of Employment are potentially inconsistent with the National Employment Standards (NES). Noting the NES precedence clause at 1.3.5 in the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2022. The nominal expiry date of the Agreement is 1 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cater Plus Pty Ltd, trading as Bidfood Adelaide, applied to the Fair Work Commission for the approval of the Bidfood Adelaide Enterprise Agreement 2022. The application followed negotiations between the employer and the employees, represented by the Food, Confectionery, Tobacco, and Allied Workers' Union. The court was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. Specifically, the court needed to ascertain whether the agreement provided for a minimum rate of pay, overtime rates, penalty rates, and other conditions of employment that complied with the relevant provisions of the Act.

The primary legal issue before the court was whether the agreement was a "single, clear, and concise" document that adhered to the requirements set out in the Fair Work Act. The court examined whether the agreement contained all necessary terms and conditions of employment, including minimum rates of pay, overtime, penalty rates, and other employment conditions. The court also considered whether the agreement had been negotiated in good faith and whether it complied with the procedural fairness requirements.

The Fair Work Commission found that the Bidfood Adelaide Enterprise Agreement 2022 met the necessary criteria for approval. The agreement provided for minimum rates of pay, overtime rates, penalty rates, and other conditions of employment, all of which complied with the relevant provisions of the Fair Work Act. The court also determined that the agreement had been negotiated in good faith and met the procedural fairness requirements. As a result, the court approved the agreement.

The Fair Work Commission approved the Bidfood Adelaide Enterprise Agreement 2022, finding it to be a single, clear, and concise document that met the necessary legal criteria for approval. The agreement provides for minimum rates of pay, overtime rates, penalty rates, and other conditions of employment that comply with the Fair Work Act. The court's decision ensures that the employees of Bidfood Adelaide will receive fair and reasonable terms and conditions of employment.

Cater Plus Pty Ltd T/A Bidfood Adelaide

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established