DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Imports and Exports Co Pty Ltd T/A Bidvest Sydney
(AG2015/3064)

BIDVEST SYDNEY TRANSPORT - ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 1 JULY 2015

Application for approval of the Bidvest Sydney Transport - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Sydney Transport - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Imports and Exports Co Pty Ltd T/A Bidvest Sydney (the Company). The agreement is a single-enterprise agreement.

[2] On 29 June 2015 undertakings were provided by Mr P Moore, General Manager of the Company, in relation to clause 3.1.1(a) (Job Levels) and clause 4.1.2 (Part-time Employees) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Bidvest Sydney, an employer represented by United Imports and Exports Co Pty Ltd, applied for approval of the Bidvest Sydney Transport – Enterprise Agreement 2015. The application was contested by a number of unions who represented employees of the employer. The unions argued that the agreement was not in the best interests of the employees as it included provisions that were unfair and did not meet the standards set out in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the provisions of the proposed enterprise agreement were in the best interests of the employees. The unions argued that the agreement included provisions that were contrary to the objectives of the Act, such as provisions that allowed for the reduction of penalty rates and the removal of shift loadings. The employer, on the other hand, argued that the agreement was fair and reasonable and met the requirements of the Act.

After considering the evidence and arguments presented by both parties, the Commission found that the provisions of the agreement were in the best interests of the employees. The Commission noted that the agreement provided for a number of benefits for employees, including a 4.25% increase in wages and an increase in annual leave entitlements. The Commission also found that the provisions relating to penalty rates and shift loadings were not contrary to the objectives of the Act and were reasonable in the circumstances. As such, the Commission approved the Bidvest Sydney Transport – Enterprise Agreement 2015.

United Imports and Exports Co Pty Ltd T/A Bidvest Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established