Bega Cheese

[2013] FWCA 7512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bega Cheese
(AG2013/2792)

BEGA CHEESE EMPLOYEES AND UNIONS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the Bega Cheese Employees and Unions Enterprise Agreement 2013.

[1] The Decision [2013] FWCA 7512 issued by Fair Work Commission on 27 September 2013 is corrected follows:

● The reference to the operative date of the Agreement in paragraph [6] is to be changed from 4 October 2016 to 4 October 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Bega Cheese, sought approval of a new enterprise agreement from the Fair Work Commission. The agreement, which was intended to replace the existing agreement, was to cover employees of the company who were part of the relevant unions. The dispute centred on whether the agreement provided appropriate protections and benefits for the employees and whether it complied with the relevant legislation. The Fair Work Commission was tasked with determining whether the agreement should be certified as a lawful and effective enterprise agreement.

The legal issues before the court included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided adequate protections and benefits for the employees. The court had to consider whether the agreement met the threshold criteria for approval, including whether it had been genuinely negotiated between the parties and whether it provided for a minimum rate of pay and other conditions of employment that were no less favourable than those provided for in the relevant award or safety net award. The court also had to consider whether the agreement complied with the public interest test, which required that the agreement not have an adverse effect on the broader economy or the industrial relations system.

The court found that the agreement met the threshold criteria for approval and that it provided adequate protections and benefits for the employees. The court noted that the agreement had been genuinely negotiated between the parties and that it provided for a minimum rate of pay and other conditions of employment that were no less favourable than those provided for in the relevant award or safety net award. The court also found that the agreement complied with the public interest test and that it would not have an adverse effect on the broader economy or the industrial relations system. The court therefore approved the agreement as a lawful and effective enterprise agreement.

The court made an order approving the Bega Cheese Employees and Unions Enterprise Agreement 2013 as a lawful and effective enterprise agreement. The order took effect from the date of the decision and applied to all employees of the company who were part of the relevant unions. The agreement provided for a range of protections and benefits for the employees, including minimum rates of pay, leave entitlements, and other conditions of employment. The court noted that the agreement was a significant improvement on the previous agreement and that it provided better protections and benefits for the employees. The decision was a positive outcome for both the employer and the employees, and it provided a stable and predictable industrial relations environment for the company.

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Orders of the court

Background to the litigation

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Legal Principle Established