BDD Milk Pty Ltd Summary

[2022] FWCA 272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BDD Milk Pty Ltd

(AG2021/8778)

Bega Dairy and Drinks Penrith Metal Trades Enterprise Agreement 2020

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 1 FEBRUARY 2022

Application for approval of the Bega Dairy and Drinks Penrith Metal Trades Enterprise Agreement 2020.

BDD Milk Pty Ltd (the Employer) has made an application for the approval of the Bega Dairy and Drinks Penrith Metal Trades Enterprise Agreement 2020 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BDD Milk Pty Ltd was the subject of an application for the approval of the Bega Dairy and Drinks Penrith Metal Trades Enterprise Agreement 2020, which was heard by the Fair Work Commission. The application was brought by the Australian Manufacturing Workers' Union, and it sought to have the enterprise agreement recognised as a certified agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for approval, specifically whether it contained the necessary provisions to be considered a valid enterprise agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of section 231 of the Fair Work Act, which mandates that an enterprise agreement must be in writing, be in a prescribed form, and contain certain specified terms. The Commission also needed to consider whether the agreement provided for the resolution of any potential disputes and whether it adhered to the procedural fairness requirements as outlined in the Act.

The Commission found that the enterprise agreement contained all the necessary provisions and met the criteria for approval. The agreement was in the correct form, contained all the required terms, and provided for the resolution of disputes. The Commission also determined that the agreement had been negotiated in good faith and that the necessary procedural fairness had been observed. As a result, the Commission approved the Bega Dairy and Drinks Penrith Metal Trades Enterprise Agreement 2020.

The Fair Work Commission approved the Bega Dairy and Drinks Penrith Metal Trades Enterprise Agreement 2020, confirming its validity as a certified agreement under the Fair Work Act. The Commission's decision validated the agreement's compliance with the statutory requirements and its negotiation process.

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