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

[2025] FWCA 646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2025/53)

BIDFOOD PORT MELBOURNE – ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 FEBRUARY 2025

Application for approval of the Bidfood Port Melbourne – Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bidfood Port Melbourne – Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 March 2025. The nominal expiry date of the Agreement is 1 January 2028.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

P. Manettas & Co. Technical Pty Limited T/A Bidfood Port Melbourne sought approval for an enterprise agreement from the Fair Work Commission. The agreement, which was to cover the period until 2025, was proposed between the employer and the employees’ representatives. The Fair Work Commission was tasked with assessing the agreement to determine if it met the criteria for approval under the Fair Work Act 2009. The primary concern was whether the agreement provided fair and reasonable terms for the employees while also ensuring that the employer’s operational needs were adequately addressed.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it contained terms that were fair and reasonable, and if the agreement met the statutory requirements for approval. Specifically, the Commission examined if the agreement complied with the provisions of the Fair Work Act, particularly those relating to minimum entitlements, unfair dismissal, and the procedural fairness of the negotiation process. The employer argued that the agreement was beneficial for both parties, while the employees’ representatives emphasised the need for certain protections to be maintained.

The Fair Work Commission concluded that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The Commission found that the agreement provided for adequate minimum entitlements and did not unfairly disadvantage the employees. Furthermore, the procedural fairness of the negotiation process was upheld, with evidence presented that both parties had engaged in good faith negotiations. Consequently, the Commission approved the agreement, recognising its balance of interests between the employer and employees. The approval ensures that the agreement will provide a stable and fair framework for employment relations within the company for the next five years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established