DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P. Manettas & Co. Technical Pty Limited T/A Bidvest Imports Melbourne
(AG2015/3467)

BIDVEST IMPORTS MELBOURNE - ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 31 AUGUST 2015

Application for approval of the Bidvest Imports Melbourne - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Imports Melbourne - Enterprise Agreement 2015 (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 Bidvest Imports Melbourne. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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] 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.

[4] The Agreement was approved on 31 August 2015 and, in accordance with s.54, will operate from 7 September 2015. The nominal expiry date of the Agreement is 1 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves P. Manettas & Co. Technical Pty Limited, trading as Bidvest Imports Melbourne, and the Fair Work Commission. The nature of the dispute concerns the approval of the Bidvest Imports Melbourne - Enterprise Agreement 2015, which outlines terms and conditions of employment for workers within the company. The court was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement provided for minimum terms and conditions, whether it complied with procedural fairness and good faith bargaining, and whether it included provisions for the protection of vulnerable workers. The court was also tasked with ensuring the agreement did not undermine the industrial safety net and complied with the relevant sections of the Fair Work Act.

In its reasoning, the court considered submissions from both parties, reviewing the agreement against the statutory criteria. The court found that the agreement adequately provided for minimum terms and conditions, met procedural fairness and good faith bargaining requirements, and included protections for vulnerable workers. The court determined that the agreement did not undermine the industrial safety net and was compliant with the Fair Work Act. Consequently, the court approved the Bidvest Imports Melbourne - Enterprise Agreement 2015.

The final orders of the court mandated the approval of the enterprise agreement, subject to its ongoing compliance with the Fair Work Act and any relevant regulations.

P. Manettas & Co. Technical Pty Limited T/A Bidvest 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