Application by Bidfood Wa Pty Ltd Trading AS Bidfood Malaga
Citation: [2026] FWCA 2392
At a glance
- Awards cited
- MA000808, MA000935, MA000833, MA000848
What happened
Bidfood WA Pty Ltd, trading as Bidfood Malaga, sought approval for the Bidfood Malaga – Enterprise Agreement 2026. The agreement would apply to employees covered by several awards including the Storage Services and Wholesale Award 2020, Road Transport and Distribution Award 2020, Clerks – Private Sector Award 2020, and Commercial Sales Award 2020. Concerns arose regarding whether employees would be better off overall (BOOT) compared to the awards, particularly concerning annual salaries, exclusion of penalty rates, overtime for road transport employees, and casual loading for overtime and public holidays.
What was decided
The Fair Work Commission approved the Bidfood Malaga – Enterprise Agreement 2026. The Commission identified issues related to the Better Off Overall Test (BOOT), specifically concerning salary levels and the exclusion of penalty rates and casual loading. the Respondent provided undertakings to address these concerns, which the Commission deemed sufficient to ensure employees are not disadvantaged. The agreement will operate from September 8, 2026, and expire on June 30, 2029. The Transport Workers’ Union (TWU) is covered by the agreement.
What it means for employers
Employers should carefully consider the impact of enterprise agreements on employee entitlements, particularly when excluding penalty rates or reducing overtime opportunities. They must ensure employees are demonstrably better off overall compared to applicable awards, and provide undertakings to address any potential disadvantages identified by the Fair Work Commission.
What it means for employees
Employees should review enterprise agreements carefully to understand how they affect their pay and conditions compared to the relevant awards. If concerns arise about whether the agreement provides adequate compensation for lost entitlements, employees can raise these concerns with their union or seek advice from the Fair Work Commission.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections