BDD Milk Pty Ltd

Case

[2022] FWCA 2771

15 AUGUST 2022


[2022] FWCA 2771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BDD Milk Pty Ltd

(AG2022/3187)

Bega Bentley Reliability Enterprise Agreement 2021

Manufacturing and associated industries

COMMISSIONER SCHNEIDER

PERTH, 15 AUGUST 2022

Application for approval of the Bega Bentley Reliability Enterprise Agreement 2021

  1. BDD Milk Pty Ltd has made an application for the approval of an enterprise agreement known as the Bega Bentley Reliability Enterprise Agreement 2021 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

  1. Clause 5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

  1. The Australian Manufacturing Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 August 2022. The nominal expiry date of the Agreement is 14 June 2025.


COMMISSIONER

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