United Imports & Exports Co Pty Ltd T/A Bidvest Albury

[2014] FWCA 4421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Imports & Exports Co Pty Ltd T/A Bidvest Albury
(AG2014/1515)

BIDVEST ALBURY - ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 2 JULY 2014

Application for approval of the Bidvest Albury - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Bidvest Albury - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Imports & Exports Co Pty Ltd T/A Bidvest Albury. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision as Attachment A, which has been given by the employer.

[1] I am satisfied that each of the requirements of ss.186, 187 and 188 and s.190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[2] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be an additional term of the Agreement.

[3] The National Union of Workers (NUW), 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 9 July 2014. The nominal expiry date of the Agreement is 1 February 2017.

COMMISSIONER

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Imports & Exports Co Pty Ltd T/A Bidvest Albury sought approval for the Bidvest Albury - Enterprise Agreement 2014, which had been made under section 176 of the Fair Work Act 2009. The application was brought before the Fair Work Commission. The primary dispute centred around whether the agreement complied with the legal standards set forth in the Act, particularly regarding its procedural fairness and whether it met the requirements for an enterprise agreement.

The legal issues the court needed to decide included whether the agreement was made in good faith and whether the process for making the agreement was procedurally fair. Furthermore, the court had to determine if the agreement contained all the necessary terms and conditions as required by the Fair Work Act and if it complied with the statutory provisions that mandate the agreement to be in writing.

The court found that the agreement was indeed made in good faith and that the process for making it was procedurally fair. It concluded that the agreement contained all necessary terms and conditions and was compliant with the statutory requirements. The court was satisfied that the process was transparent and that all parties had an opportunity to be heard, thus meeting the criteria set forth in the Act. As a result, the court approved the Bidvest Albury - Enterprise Agreement 2014.

The Fair Work Commission approved the application for the agreement, confirming its compliance with the Fair Work Act 2009. The agreement was thus authorised to take effect, and the parties were directed to adhere to its terms and conditions as outlined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established