Application by BFS Coffs Harbour Pty Limited Trading AS Bidfood Bayview
At a glance
- MA000038, MA000083
What happened
BFS Coffs Harbour Pty Limited, trading as Bidfood Bayview, sought approval for the Bidfood Bayview – Enterprise Agreement 2026. The agreement would apply to employees covered by the Food, Beverage and Tobacco Manufacturing Award 2020 and the Clerks – Private Sector Award 2020. Concerns were raised regarding the agreement's silence on certain penalty rates for non-rostered and non-continuous shifts, and whether annual salaries adequately compensated for excluded award provisions.
What was decided
The Fair Work Commission approved the Bidfood Bayview – Enterprise Agreement 2026. The Commission was satisfied that the employer's undertakings addressed concerns about the Better Off Overall Test (BOOT). These undertakings, which are now terms of the agreement, ensure employees are not financially disadvantaged. The agreement will operate from August 27, 2026, and expire on June 30, 2029.
What it means for employers
Employers seeking to implement enterprise agreements must carefully consider all penalty rates and award conditions. They need to ensure the agreement adequately compensates employees for any excluded provisions, or provide undertakings to address potential financial detriment. Thoroughly assess the Better Off Overall Test implications.
What it means for employees
Employees should review enterprise agreements to ensure they receive at least the same benefits as their relevant award. Pay close attention to penalty rates and conditions that may be altered or excluded. Understand any undertakings made to address potential disadvantages.
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