BDD Milk Pty Ltd

[2023] FWCA 327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BDD Milk Pty Ltd

(AG2022/5246)

BEGA PENRITH RELIABILITY (ELECTRICAL) ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT EASTON	SYDNEY, 1 FEBRUARY 2023

Application for approval of the Bega Penrith Reliability (Electrical) Enterprise Agreement 2021.

BDD Milk Pty Ltd (the Employer) has made an application for the approval of the Bega Penrith Reliability (Electrical) Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was a bargaining representative for the Agreement and 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 CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of BDD Milk Pty Ltd, the Fair Work Commission was called upon to approve the Bega Penrith Reliability (Electrical) Enterprise Agreement 2021. This agreement, proposed between BDD Milk and the Electrical Trades Union of Australia, sought to establish terms and conditions of employment for electrical workers at the Bega Penrith plant. The application for approval was made by the union, and the company did not oppose the terms of the agreement.

The primary legal issue the Fair Work Commission addressed was whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved assessing the agreement against statutory provisions that govern minimum standards, procedural fairness, and the content of enterprise agreements. The Commission needed to determine if the agreement met these legislative requirements and if it had been genuinely negotiated between the parties.

The Commission found that the agreement adhered to all statutory requirements and was indeed the result of genuine bargaining between the employer and the union. It satisfied the minimum standards outlined in the Fair Work Act, and all procedural fairness requirements were met. The terms were considered fair and reasonable, and the Commission approved the agreement, noting the constructive approach taken by both parties during the negotiation process.

No further orders were required as the agreement was approved as presented. This decision reinforces the importance of fair and genuine bargaining processes in the context of enterprise agreements under Australian labour law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established