John Lewis Foodservice Pty Ltd T/A Bidfood Darwin

[2024] FWCA 412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Lewis Foodservice Pty Ltd T/A Bidfood Darwin

(AG2023/5544)

BIDFOOD DARWIN - ENTERPRISE AGREEMENT 2023

Storage services and wholesale industry
COMMISSIONER CRAWFORD	SYDNEY, 31 JANUARY 2024

Application for approval of the Bidfood Darwin – Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Bidfood Darwin – Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Lewis Foodservice Pty Ltd. The Agreement is a single enterprise agreement.

The application was required to be filed within 14 days after it was made on 15 December 2023 in accordance with s.185(3) of the Act. As it was not filed until 30 December 2023, it was filed one day after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, John Lewis Foodservice Pty Ltd trading as Bidfood Darwin, sought the Fair Work Commission’s approval of the Bidfood Darwin – Enterprise Agreement 2023. The application was contested by the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions of employment for the employees covered by the proposed agreement, specifically whether the proposed changes adequately met the standards set out by the Fair Work Act 2009.

The legal issues before the court involved assessing whether the agreement provided minimum entitlements that aligned with the safety net of wages and conditions, whether the agreement was made in good faith, and if the agreement met the requirements of being a genuine enterprise agreement as defined by the Fair Work Act. The court had to consider the balance between maintaining a fair workplace environment and allowing flexibility in the agreement to meet the needs of the business.

The Fair Work Commission found that the proposed agreement provided for minimum entitlements that met the safety net standards, and the agreement was made in good faith. The Commission also determined that the agreement was a genuine enterprise agreement, as it was negotiated between the employer and the union, and it covered a defined group of employees. The Commission approved the agreement, noting that while there were some areas of contention, the overall terms were fair and met the statutory requirements.

The final orders of the Commission were that the Bidfood Darwin – Enterprise Agreement 2023 be approved, with the agreement to be registered with the Fair Work Commission and binding on all parties from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established