DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cold Seas Pty Ltd T/A Bidfood Canberra
(AG2017/572)

BIDFOOD CANBERRA - ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 17 MAY 2017

Application for approval of the Bidfood Canberra - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Canberra - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cold Seas Pty Ltd and United Imports and Exports Company Pty Ltd T/A Bidfood Canberra. 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 Transport Workers’ Union of Australia 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 24 May 2017. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cold Seas Pty Ltd, trading as Bidfood Canberra, applied to the Fair Work Commission for approval of the Bidfood Canberra - Enterprise Agreement 2017. The applicant, a company involved in the wholesale distribution of food products, sought to have the proposed agreement recognised as a protected action shield agreement, which would protect it from legal action related to the agreement for a specified period. The application arose from negotiations between the company and its employees, represented by the National Tertiary Education Union.

The central legal issue was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 for being recognised as a protected action shield agreement. This required the court to consider if the agreement had been made in good faith and if it contained the necessary provisions as stipulated by the Act. Additionally, the court had to ensure that the agreement was fair and balanced, taking into account the interests of both the employer and the employees.

The Fair Work Commission, in assessing the application, evaluated the negotiation process, the content of the agreement, and its compliance with the relevant legislative framework. The Commission determined that the agreement had been made in good faith and contained all the necessary provisions as required by the Act. Furthermore, the Commission found that the agreement was fair and balanced, taking into account the interests of both parties. Consequently, the Commission approved the Bidfood Canberra - Enterprise Agreement 2017 as a protected action shield agreement.

The Fair Work Commission ordered that the Bidfood Canberra - Enterprise Agreement 2017 be approved as a protected action shield agreement, effective from the date of the Commission's decision. This approval provided the company with protection from legal action related to the agreement for a specified period, enabling the parties to implement the terms of the agreement without the immediate risk of litigation.

Cold Seas Pty Ltd T/A Bidfood Canberra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established