Bega Cheese Limited

[2019] FWCA 6696

[2019] FWCA 6696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bega Cheese Limited
(AG2019/3259)

BEGA CHEESE STRATHMERTON ETU/AMWU ENTERPRISE AGREEMENT 2019-2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the Bega Cheese Strathmerton ETU/AMWU Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Bega Cheese Strathmerton ETU/AMWU Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bega Cheese Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Part 2, Clause 24 – Personal Leave

•  Part 2, Clause 28 – Parental Leave

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE505471  PR712814>

Annexure A