BDD Milk Pty Ltd Summary

[2023] FWCA 53

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BDD Milk Pty Ltd

(AG2022/5354)

BEGA VICTORIAN DAIRY BEVERAGES AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 JANUARY 2023

Application for approval of the Bega Victorian Dairy Beverages Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bega Victorian Dairy Beverages Enterprise Agreement 2022 (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.

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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United 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.

The Agreement was approved on 10 January 2023 and, in accordance with s.54, will operate from 17 January 2023. The nominal expiry date of the Agreement is 25 May 2026.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by BDD Milk Pty Ltd for approval of the Bega Victorian Dairy Beverages Enterprise Agreement 2022. The case was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval. The agreement was submitted by BDD Milk Pty Ltd on behalf of its employees, and the application sought the Commission's endorsement of the terms contained within the agreement. The dispute centred around whether the agreement appropriately complied with the Fair Work Act 2009 and other relevant industrial instruments.

The central legal issues the Commission had to address were whether the agreement was fairly negotiated, whether it met the criteria for being a single, indivisible agreement, and whether it contained all the necessary provisions as stipulated by the Fair Work Act. Additionally, the Commission considered whether the agreement was made in good faith and whether it included the appropriate certification procedures. The Commission also assessed if the agreement included terms that were contrary to public policy or were otherwise unenforceable.

The Commission found that the agreement was fairly negotiated and met all the legal criteria for approval. The terms were comprehensive and in line with the requirements of the Fair Work Act. The Commission confirmed that the agreement was made in good faith and included the necessary certification procedures. The Commission also determined that none of the terms were contrary to public policy or unenforceable. Consequently, the Commission approved the Bega Victorian Dairy Beverages Enterprise Agreement 2022.

The final orders of the Commission were that the Bega Victorian Dairy Beverages Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision and would remain in force until it was terminated or replaced by a new agreement. The Commission's decision provided clarity and certainty for both BDD Milk Pty Ltd and its employees, ensuring that the terms of the agreement were legally sound and enforceable.

BDD Milk Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established