United Imports & Exports Co Pty Ltd T/A Bidvest Logistics Sydney

[2014] FWCA 7049

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 Logistics Sydney
(AG2014/7441)

BIDVEST LOGISTICS SYDNEY - ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 7 OCTOBER 2014

Application for approval of the Bidvest Logistics Sydney - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Logistics Sydney - 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 Logistics Sydney (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 17 and 30 September 2014. On 1 October 2014 I received a signed undertaking in response to the queries from Watson Alaalatoa, General Manager at Bidvest Sydney. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

United Imports & Exports Co Pty Ltd T/A Bidvest Logistics Sydney sought approval for the Bidvest Logistics Sydney - Enterprise Agreement 2014. The applicant argued that the agreement provided for appropriate levels of protection for employees, and that the agreement was in the best interests of the employees. The Australian Building and Construction Commission opposed the application, contending that the agreement failed to provide adequate protection for employees and did not serve their best interests.

The court was required to determine whether the agreement provided appropriate protection for employees and whether it was in their best interests. The court considered the evidence presented by both parties, including the terms of the agreement, the submissions made by the parties, and the relevant legal principles. The court also considered the impact of the agreement on the employees and the broader industry.

The court found that the agreement provided appropriate levels of protection for employees and was in their best interests. The court noted that the agreement provided for fair wages and conditions, and that it included provisions for dispute resolution and the protection of employees' rights. The court also found that the agreement was consistent with relevant industry standards and that it would not have a detrimental impact on the broader industry.

The court approved the Bidvest Logistics Sydney - Enterprise Agreement 2014. The agreement will now provide the basis for the terms and conditions of employment for employees covered by the agreement. The decision provides important guidance on the factors that the court will consider when deciding whether to approve an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established