DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P. Manettas & Co. Technical Pty Limited T/A Bidfood Truganina
(AG2021/8046)

Storage services
COMMISSIONER WILSON	MELBOURNE, 9 NOVEMBER 2021

Application for approval of the Bidfood Truganina Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Bidfood Truganina Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P. Manettas & Co. Technical Pty Limited T/A Bidfood Truganina. The Agreement is a single enterprise agreement.

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

[3] The United Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2021. The nominal expiry date of the Agreement is 1 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, P. Manettas & Co. Technical Pty Limited, trading as Bidfood Truganina, applied for approval of the Bidfood Truganina Enterprise Agreement 2021. The agreement sought to establish terms and conditions of employment for employees within the Truganina branch of Bidfood, an entity involved in the food supply industry. The application was made under the Fair Work Act 2009, which mandates that enterprise agreements be approved by the Fair Work Commission before they can take effect.

The legal issues before the Commission involved verifying that the agreement was made in good faith and met the criteria set out in the Fair Work Act. This included ensuring that the agreement provided for the terms and conditions of employment of the employees covered by the agreement, and that it was free from any unlawful content. The Commission also needed to assess whether the agreement had been made following the proper procedural steps, including the requirement for the employer to provide the necessary information to the employees and to allow them a reasonable opportunity to discuss the agreement.

The Commission found that the agreement met all the necessary criteria. It was determined that the agreement was made in good faith and did not contain any unlawful provisions. The employer had provided the requisite information to the employees and allowed them a reasonable opportunity to discuss the agreement. The Fair Work Commission approved the Bidfood Truganina Enterprise Agreement 2021, enabling it to take effect from the date of approval. This decision was made in accordance with the requirements of the Fair Work Act, ensuring that the agreement would be binding on the parties involved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established