DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bega Cheese Limited
(AG2020/319)

BEGA CHEESE LIMITED (KOROIT) ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2020

Application for approval of the Bega Cheese Limited (Koroit) Enterprise Agreement 2019

[1] Bega Cheese Limited has made an application for approval of an enterprise agreement known as the Bega Cheese Limited (Koroit) Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 February 2020 and, in accordance with s 54, will operate from 2 March 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bega Cheese Limited applied for the approval of the Bega Cheese Limited (Koroit) Enterprise Agreement 2019. The agreement was made between the company and the Retail and Fast Food Workers Union, which represents employees at the Koroit site. The dispute centred on the terms and conditions of employment for workers at the Koroit factory, including wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and whether it was made in good faith and without coercion. The Commission also had to consider if the agreement complied with any relevant award or registered agreement and if it provided for minimum entitlements as stipulated by the Fair Work Act.

After considering submissions from both parties and reviewing the agreement, the Commission found that the Bega Cheese Limited (Koroit) Enterprise Agreement 2019 met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, was made in good faith, and complied with relevant awards and the Fair Work Act. The Commission also found that the agreement did not disadvantage any party and provided for minimum entitlements. As a result, the Commission approved the agreement, and it will now apply to employees at the Koroit site.

Bega Cheese Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established