Bega Cheese Limited Summary

[2014] FWCA 5306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bega Cheese Limited
(AG2014/6597)

BEGA CHEESE LIMITED (COBURG) ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 AUGUST 2014

Application for approval of the Bega Cheese Limited (Coburg) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bega Cheese Limited (Coburg) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bega Cheese Limited. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Bega Cheese Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2014. The nominal expiry date of the Agreement is 5 April 2017.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bega Cheese Limited was the subject of an application for the approval of the Bega Cheese Limited (Coburg) Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal criteria for approval, particularly focusing on the terms concerning wages, conditions, and the process by which the agreement was formed.

The legal issues before the Commission involved verifying that the agreement contained no terms that were contrary to public policy or unfair, and ensuring that the agreement had been made in accordance with the legal requirements set forth in the Fair Work Act. This included examining whether the necessary steps were taken to ensure that the agreement was genuinely negotiated between the employer and the relevant employee representatives, and whether the agreement complied with the statutory minimum standards of pay and conditions.

The Commission found that the proposed agreement was fair and did not contain any terms that contravened public policy. The negotiation process was deemed to be in compliance with the Act, with the necessary steps taken to ensure genuine negotiation. The Commission also confirmed that the agreement met the statutory minimum standards and did not include any unfair terms. As a result, the Fair Work Commission approved the Bega Cheese Limited (Coburg) Enterprise Agreement 2014, providing it with the necessary legal endorsement to come into effect.

The Fair Work Commission's approval of the agreement concluded the application process. The Commission issued an order approving the enterprise agreement, allowing it to be registered and enforced as a binding agreement between Bega Cheese Limited and the relevant employee representatives. The order also included provisions for the agreement to be published and made available to all parties involved. This decision was made to ensure that the agreement could be implemented effectively and that all parties were aware of its terms and conditions.

Bega Cheese Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established