Bega Cheese Limited Summary

[2023] FWCA 215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bega Cheese Limited

(AG2022/5453)

BEGA KOROIT PRODUCTION ENTERPRISE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 20 JANUARY 2023

Application for approval of the Bega Koroit Production Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bega Koroit Production Enterprise Agreement 2022 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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 United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2023. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bega Cheese Limited, sought approval for the Bega Koroit Production Enterprise Agreement 2022. The application was made in the Fair Work Commission. The respondent was the Dairy Workers Union. The nature of the dispute was whether the agreement contained terms that were consistent with the Fair Work Act 2009 and other relevant legislation. The Fair Work Commission was required to consider whether the agreement was in the interests of the employees and the employer, and whether it complied with the relevant provisions of the Fair Work Act. The court had to examine the terms and conditions of the agreement, including the provisions relating to wages, hours of work, leave, and other employment-related matters.

The Fair Work Commission considered the evidence presented by both parties and the relevant legal principles. The court noted that the agreement provided for a number of improvements in terms and conditions for the employees, including higher wages and better working conditions. The court also noted that the agreement was the result of good faith negotiations between the parties and that it provided for a fair and reasonable outcome for both parties. The court concluded that the agreement was in the interests of the employees and the employer, and that it complied with the relevant provisions of the Fair Work Act. The court approved the agreement and made an order to that effect.

The Fair Work Commission approved the Bega Koroit Production Enterprise Agreement 2022, and made an order that the agreement be registered as a registered agreement under the Fair Work Act. The court's decision was based on the evidence presented by both parties and the relevant legal principles. The court found that the agreement was in the interests of the employees and the employer, and that it complied with the relevant provisions of the Fair Work Act. The court's approval of the agreement provides certainty and stability for both parties and ensures that the employees will receive fair and reasonable terms and conditions of employment.

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