Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2014] FWCA 913

FAIR WORK COMMISSION

DECISION

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

Bidvest (Victoria) Pty Ltd
(AG2014/184)

BIDVEST MELBOURNE & GEELONG WAREHOUSE - ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 5 FEBRUARY 2014

Application for approval of the Bidvest Melbourne & Geelong Warehouse - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Melbourne & Geelong Warehouse - 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 Bidvest (Victoria) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2014. The nominal expiry date of the Agreement is 23 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the Bidvest Melbourne & Geelong Warehouse - Enterprise Agreement 2013. The application was heard in the Fair Work Commission. The dispute arose from a disagreement between the Union and the employer, Bidvest, regarding the terms and conditions of employment for workers covered by the proposed enterprise agreement.

The central legal issue for the court was whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement. The Union argued that the agreement was fair and appropriate, while Bidvest contended that certain provisions were not in line with the statutory criteria. The court had to consider whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, and whether it complied with the procedural requirements for approval.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the statutory criteria for approval. The court examined the agreement's provisions and determined that it provided for fair and reasonable terms and conditions of employment, including minimum rates of pay. The court also found that the Union had followed the necessary procedural steps in seeking approval of the agreement. Consequently, the court approved the Bidvest Melbourne & Geelong Warehouse - Enterprise Agreement 2013.

The Fair Work Commission's final order was that the Bidvest Melbourne & Geelong Warehouse - Enterprise Agreement 2013 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered with the Commission and would be in effect from the date of the decision, governing the terms and conditions of employment for workers covered by the agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established