Bega Cheese Limited

[2025] FWCA 1528

[2025] FWCA 1528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bega Cheese Limited

(AG2025/1185)

BEGA STRATHMERTON AMWU / ETU ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER ALLISON	MELBOURNE, 21 MAY 2025

Application for approval of the Bega Strathmerton AMWU / ETU Enterprise Agreement 2025

1. Bega Cheese Limited (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Bega Strathmerton AMWU / ETU Enterprise Agreement 2025 (the Agreement).

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU and the ETU.

1. The following provision may be inconsistent with the National Employment Standards (NES):

• Clause 33.4 provides that notice will not apply when an employee is dismissed for specific conduct including malingering, inefficiency and neglect of duty. This definition of summary dismissal may be broader than regulation 1.07 of the Fair Work Regulations 2009 and may lead to scenarios where an employee summarily dismissed under the broadened definition does not receive notice of termination as entitled under the NES, s.117 of the Act.

1. However, noting clause 6 of the Agreement, I am satisfied 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 of the requirements of ss. 186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

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<AE528931  PR787095>