DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bega Cheese Limited
(AG2017/6643)

BEGA CHEESE LIMITED PORT MELBOURNE ENTERPRISE AGREEMENT 2017-2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2018

Application for approval of the Bega Cheese Limited Port Melbourne Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Bega Cheese Limited Port Melbourne Enterprise Agreement 2017-2021 (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] 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 National Union of Workers 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 30 September 2021.

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 Port Melbourne Enterprise Agreement 2017-2021. The respondent, the Transport Workers Union of Australia, did not oppose the application but highlighted certain concerns regarding the agreement's provisions. The central legal issues the Commission needed to address included whether the agreement met the requirements under the Fair Work Act 2009 for a modern award and if it adhered to the procedural standards for making and terminating agreements.

The Commission began by examining the process through which the agreement was made. It found that the agreement was formed following genuine bargaining between the parties, and that there was no evidence of any undue influence or coercion. The Commission further evaluated the substantive provisions of the agreement against the Fair Work Act's provisions and modern awards. While the agreement contained clauses that deviated from the modern award, the Commission determined that these changes were minor and did not materially affect the employees' overall conditions. After reviewing the evidence and arguments, the Commission concluded that the agreement was appropriately made and satisfied the statutory requirements. Consequently, the Commission approved the agreement.

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