DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Imports & Exports Co Pty Ltd T/A Bidvest Sydney
(AG2015/6999)

BIDVEST SYDNEY WAREHOUSE - ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 13 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Sydney Warehouse - 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 United Imports & 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 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.

[3] The National Union of Workers 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 was approved on and, in accordance with s.54, will operate from 20 January 2016. The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved United Imports & Exports Co Pty Ltd, trading as Bidvest Sydney, and the application for the approval of the Bidvest Sydney Warehouse – Enterprise Agreement 2015. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement and whether they met the statutory requirements for approval.

The legal issues before the Commission included whether the agreement provided for the proper protection of employees' interests, whether it was free from any coercive conduct, and if it contained the appropriate procedural safeguards. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission examined the submissions from both parties and the supporting evidence provided. The Commission found that the agreement provided for fair and reasonable terms and conditions and that it was in the best interests of the employees and the employer. The Commission also found that the agreement was free from any coercive conduct and contained the appropriate procedural safeguards. Consequently, the Commission approved the Bidvest Sydney Warehouse – Enterprise Agreement 2015, deeming it to be a lawful and fair agreement that met the statutory requirements under the Fair Work Act 2009. The approval of the agreement was effective from the date of the Commission's decision.

United Imports & 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