DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P. Manettas & Co. Technical Pty Limited T/A Bidfood Imports Melbourne
(AG2018/5323)

BIDFOOD IMPORTS MELBOURNE - ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 MARCH 2019

Application for approval of the Bidfood Imports Melbourne - Enterprise Agreement 2018.

[1] P. Manettas & Co. Technical Pty Limited T/A Bidfood Imports Melbourne has made an application for approval of an enterprise agreement known as the Bidfood Imports Melbourne – Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act and supported by the bargaining representatives. A copy of the undertakings is attached at 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3.3 of 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.

[4] 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.

[5] I am also satisfied that the application lodged contained errors in the form of an incomplete Agreement signature page and a typographical error at clause 3.1(e) of the Agreement. The Applicant has filed an amended Agreement signature page and an amended Agreement correcting the typographical error at clause 3.1(e). I am satisfied that these corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The National Union of Workers, 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.

[7] The Agreement was approved on 19 March 2019 and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

P. Manettas & Co. Technical Pty Limited, trading as Bidfood Imports Melbourne, applied to the Fair Work Commission for approval of the Bidfood Imports Melbourne Enterprise Agreement 2018. The application was made under the Fair Work Act 2009. The applicant sought to have the agreement registered as a single-employer enterprise agreement, as opposed to a multi-employer enterprise agreement. This distinction is important as it affects the scope and application of the agreement, particularly in relation to the employees covered by it.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval as a single-employer agreement. This involved assessing whether the agreement was made between the applicant and the employees, and whether the applicant was the sole employer of those employees. Additionally, the Commission needed to consider whether the agreement satisfied the other conditions for approval, such as providing for fair and reasonable terms and conditions of employment, and ensuring that the agreement was not contrary to public policy.

The Commission found that the agreement was indeed a single-employer agreement as it was made between the applicant and its employees, and the applicant was the sole employer of those employees. The Commission also determined that the agreement satisfied all the other conditions for approval. The terms and conditions of employment were found to be fair and reasonable, and there were no grounds on which the agreement could be considered contrary to public policy. Consequently, the Commission approved the Bidfood Imports Melbourne Enterprise Agreement 2018 as a single-employer agreement. The decision highlights the importance of correctly classifying enterprise agreements to ensure they are appropriately registered and enforceable.

P. Manettas & Co. Technical Pty Limited T/A Bidfood Imports Melbourne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established