DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bega Cheese Limited
(AG2017/556)

BEGA CHEESE LTD STRATHMERTON PLANT PRODUCTION EMPLOYEES AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016 - 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 MARCH 2017

Application for approval of the Bega Cheese Ltd Strathmerton Plant Production Employees and National Union of Workers Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bega Cheese Ltd Strathmerton Plant Production Employees and National Union of Workers Enterprise Agreement 2016 - 2019 (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 Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 31 March 2017 and, in accordance with s.54, will operate from 7 April 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Bega Cheese Limited and the National Union of Workers. The union had submitted an enterprise agreement for the employees of the Strathmerton Plant, seeking approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements under the Fair Work Act. This included verifying whether the agreement had been made in good faith, whether it contained the mandated minimum terms and conditions, and whether it adhered to the relevant bargaining rules. Additionally, the commission needed to ensure that the agreement did not disadvantage employees in a manner that was contrary to public policy.

The commission found that the enterprise agreement met all the procedural requirements, including that it had been made in good faith and involved genuine bargaining. The agreement also contained all the mandated minimum terms and conditions as stipulated by the Act. Furthermore, the commission was satisfied that the agreement did not disadvantage employees in a way that contravened public policy. Consequently, the commission approved the enterprise agreement.

The Fair Work Commission approved the Bega Cheese Ltd Strathmerton Plant Production Employees and National Union of Workers Enterprise Agreement 2016 - 2019, finding it compliant with the relevant legislative requirements.

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