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

[2013] FWCA 4725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Imports and Exports Co Pty Ltd T/A Bidvest Sydney
(AG2013/1762)

BIDVEST SYDNEY TRANSPORT - ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 JULY 2013

Application for approval of the Bidvest Sydney Transport - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Sydney Transport - Enterprise Agreement 2013 (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 Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2013. The nominal expiry date will be 1 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Imports and Exports Co Pty Ltd, trading as Bidvest Sydney, applied to the Fair Work Commission for approval of the Bidvest Sydney Transport - Enterprise Agreement 2013. The application was opposed by the Transport Workers Union of Australia, contending that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The case required the Commission to determine whether the agreement was in the public interest and whether it complied with the provisions of the Act.

The central legal issue before the Commission was whether the enterprise agreement was bona fide and met the criteria for approval under section 231 of the Fair Work Act 2009. This involved examining whether the agreement was negotiated in good faith and whether it contained the necessary minimum terms and conditions for employees within the scope of the agreement. The Commission also had to consider the fairness of the agreement in relation to the public interest, including its potential impact on the economy and employment.

In examining the evidence and submissions, the Commission found that the agreement had been negotiated in good faith and contained the minimum terms and conditions required by the Act. The Commission also considered the submissions regarding the impact of the agreement on the public interest and concluded that the agreement was fair and reasonable. Consequently, the Commission approved the Bidvest Sydney Transport - Enterprise Agreement 2013, finding that it was in the public interest and met the statutory requirements for approval.

The Fair Work Commission approved the Bidvest Sydney Transport - Enterprise Agreement 2013, rejecting the union's opposition. The Commission's decision confirmed the agreement as meeting the necessary criteria under the Fair Work Act 2009 and being in the public interest. This ruling ensures that the terms and conditions of employment for the workers covered by the agreement are legally recognised and enforced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established