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

[2014] FWCA 171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Imports & Exports Co Pty Ltd T/A Bidvest Wollongong
(AG2013/12125)

BIDVEST WOLLONGONG - ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 10 JANUARY 2014

Application for approval of the Bidvest Wollongong Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest Wollongong - Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Imports & Exports Co Pty Ltd T/A Bidvest Wollongong. 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, United Imports & Exports Co Pty Ltd trading as Bidvest Wollongong, sought approval of the Bidvest Wollongong Enterprise Agreement 2013 under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, presided over by Commissioner J. M. Gilmour. The applicant's request was to have the enterprise agreement certified as covering the employees of Bidvest Wollongong, which would make it legally binding. The opposition to the application came from various unions and individual employees who contested certain provisions within the agreement, arguing they did not meet the requirements for fair and reasonable terms under the Act.

The primary legal issues the Commission had to address were whether the agreement complied with the criteria for being considered fair and reasonable and whether it met the specific statutory requirements set out in the Fair Work Act. This included evaluating whether the agreement provided for fair and reasonable terms and conditions, did not include terms that were inconsistent with the safety net of minimum terms and conditions, and whether it was free from coercive conduct. The unions and employees argued that certain clauses, particularly those relating to wages, penalties, and working hours, did not meet these standards.

The Commission, after reviewing the evidence and submissions from both parties, found that the agreement was fair and reasonable and met all statutory requirements. The Commission concluded that the terms and conditions outlined in the agreement were not inconsistent with the safety net and were fair, considering the economic circumstances of the parties. Additionally, the Commission found no evidence of any coercive conduct during the negotiation process. As a result, the Commission approved the Bidvest Wollongong Enterprise Agreement 2013, making it legally binding on the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established