BDD Milk Pty Ltd

[2023] FWCA 1242

[2023] FWCA 1242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BDD Milk Pty Ltd

(AG2023/950)

BEGA LENAH VALLEY PRODUCTION, RELIABILITY & LABORATORY ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 1 MAY 2023

Application for approval of the Bega Lenah Valley Production, Reliability & Laboratory Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Bega Lenah Valley Production, Reliability & Laboratory Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BDD Milk Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement lodged contained an omission on the signature page. On 20 April 2023, the Applicant filed an amended signature page correcting this omission. I am satisfied that Agreement now complies with reg. 2.06A(2)(b)(i) Fair Work Regulations 2009 (Cth).

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers' Union 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.

1. The Agreement is approved and in accordance with s.54, will operate from 8 May 2023. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

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<AE519891  PR761529>