Bega Cheese Limited

[2025] FWCA 2575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bega Cheese Limited

(AG2025/2348)

APPLICATION FOR APPROVAL OF THE BEGA VALLEY ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER WALKADEN	SYDNEY, 4 AUGUST 2025

Application for approval of the Bega Valley Enterprise Agreement 2025

This decision concerns an application for approval of the Bega Valley Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Bega Cheese Limited (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

If the agreement is not a greenfields agreement, section 186(2)(a) of the FW Act requires the Fair Work Commission to be satisfied that the agreement has been genuinely agreed to by the employees covered by the agreement. The Agreement is not a greenfields agreement. The question of whether an enterprise agreement has been genuinely agreed to by the employees is determined by reference to section 188 of the FW Act. Section 188(4)(a) of the FW Act provides that the Fair Work Commission cannot be satisfied as to genuine agreement unless the Fair Work Commission is satisfied that sections 173 and 174 of the FW Act have been complied with. In considering the application, I raised a concern with the Applicant and the Australasian Meat Industry Employees’ Union (AMIEU), which was the only other bargaining representative for the Agreement, concerning compliance with sections 173 and 174 of the FW Act. The concern being the version of the Notice of Employee Representational Rights (NERR) issued to the employees was the pre-3 April 2017 version of the NERR. I sought the views of the Applicant and the AMIEU as to whether any such error in the NERR could be disregarded in accordance with section 188(5) of the FW Act. The Applicant submitted that the error in the NERR could be disregarded in accordance with section 188(5) of the FW Act. The AMIEU did not express a view. Taking into account the views of the Applicant and there being no opposition from the AMIEU, I am satisfied that that the reference to issuing of a previous iteration of the NERR is a minor error that can be disregarded in accordance with section 188(5) of the FW Act. In particular, I am satisfied that the employees were not likely to have been disadvantaged by that error.

Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Applicant and the AMIEU. The concern was in relation to clause 22 of the Agreement. Clause 22 provides for compassionate leave; however, it provides no such leave when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This appears to be inconsistent with section 104(1)(b) & (c) of the FW Act. I sought confirmation as to whether the Applicant intended to rely upon clause 6 of the Agreement, which can be best described as a NES precedence clause, to resolve any such concern or propose an undertaking. The Applicant confirmed that it intends to rely upon clause 6 of the Agreement. Based upon that confirmation from the Applicant, the requirement in section 186(2)(c) is satisfied.

Based on the material provided by the Applicant and the AMIEU, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

Section 201 of the FW Act requires the approval decision to note certain matters. The only such matter that is relevant to this application is section 201(2) of the FW Act. The Australasian Meat Industry Employees’ Union, which was a bargaining representative for the Agreement, has given the Fair Work Commission a notice under section 183(1) of the FW Act that each of those employee organisations wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the Australasian Meat Industry Employees’ Union.

The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 11 August 2025. The nominal expiry date of the Agreement is 12 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, Bega Cheese Limited, sought approval of the Bega Valley Enterprise Agreement 2025 from the Fair Work Commission (FWC). The application was made under section 230 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for workers in the Bega Valley region, including aspects such as wages, hours, and other employment conditions. The FWC was required to determine whether the agreement was appropriate for the workers and whether it met the legal requirements for approval.

The primary legal issue was whether the agreement provided fair and reasonable terms and conditions for the employees. The FWC had to consider whether the proposed agreement complied with the Fair Work Act, particularly in relation to the provisions concerning minimum rates of pay, overtime, penalty rates, and other employment conditions. Additionally, the FWC needed to assess if the agreement included appropriate mechanisms for the resolution of disputes and whether it adequately protected the interests of employees.

In evaluating the agreement, the FWC considered various factors, including the bargaining positions of the parties, the terms of the agreement, and the impact on the employees. The FWC concluded that the agreement provided fair and reasonable terms and conditions for the employees and met the legal requirements for approval. The FWC noted that the agreement included provisions for fair and reasonable rates of pay, overtime, penalty rates, and other employment conditions. The FWC also found that the agreement provided appropriate mechanisms for the resolution of disputes and adequately protected the interests of employees.

The FWC approved the Bega Valley Enterprise Agreement 2025. The approval was effective from 1 April 2025 and applied to the relevant employees in the Bega Valley region. The decision was made under section 230 of the Fair Work Act 2009 and was binding on the parties to the agreement.

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