Bega Cheese Limited

[2025] FWCA 2055

[2025] FWCA 2055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bega Cheese Limited

(AG2025/1840)

BEGA KOROIT RELIABILITY ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER TRAN	MELBOURNE, 23 JUNE 2025

Application for approval of the Bega Koroit Reliability Enterprise Agreement 2025

1. Bega Cheese Limited has applied for approval of an enterprise agreement known as the Bega Koroit Reliability Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 25.5(b) – Notice of Termination

   ·   Clause 25.9 – Withholding monies

   ·   Clause 26.11 – Redundancy

1. Clause 7 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 June 2025.

1. In accordance with clause 4, the nominal expiry date of the Agreement is 30 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529440  PR788474>