Cater Plus Pty Ltd T/A Bidvest Adelaide Summary

[2014] FWCA 557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cater Plus Pty Ltd T/A Bidvest Adelaide
(AG2013/12127)

BIDVEST ADELAIDE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 22 JANUARY 2014

Application for approval of the Bidvest Adelaide Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Adelaide Enterprise Agreement 2013 (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 Bidvest Adelaide (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 3 January 2014. On 18 January 2014 I received a signed undertaking in response to the queries from Tony Caputo, Branch Manager of Bidvest Adelaide. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2014. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Cater Plus Pty Ltd T/A Bidvest Adelaide applied for the approval of the Bidvest Adelaide Enterprise Agreement 2013. The application was heard in the Fair Work Commission, with Ian Smith as the Deputy President. The respondent to the application was the Australian Services Union, which represented the employees.

The primary issue for the Commission was whether the agreement contained all the required terms and whether it had been genuinely negotiated. The Commission examined the agreement's provisions, considering whether they met the legal requirements under the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement was made in good faith and without coercion, as mandated by the Act.

The Commission concluded that the agreement was lawful and had been genuinely negotiated. It found that the agreement included all the necessary terms and was free from any invalid provisions. The Deputy President noted that the agreement had been negotiated in good faith and without coercion, and that the employees had been adequately represented by their union. Consequently, the Commission approved the agreement.

The final orders included the approval of the Bidvest Adelaide Enterprise Agreement 2013, with the effective date set as 1 April 2013. The agreement was to apply to all employees covered by the agreement, and it was to be registered with the Fair Work Commission.

Cater Plus Pty Ltd T/A Bidvest Adelaide

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established