Bega Cheese Limited

[2022] FWCA 4523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bega Cheese Limited

(AG2022/5208)

Bega Strathmerton Production and United Workers’ Union Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 DECEMBER 2022

Application for approval of the Bega Strathmerton Production and United Workers’ Union Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bega Strathmerton Production and United Workers’ Union 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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 20 December 2022 and, in accordance with s.54, will operate from 27 December 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Bega Cheese Limited, the employer, and the United Workers’ Union, the union, regarding the approval of the Bega Strathmerton Production Enterprise Agreement 2022. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and met the criteria for approval by the Fair Work Commission.

The central legal issues revolved around whether the agreement provided for the fair and reasonable terms of employment, including wages and conditions, and whether it complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated, covered the necessary aspects of employment, and did not unfairly discriminate against employees.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission noted that the agreement was the result of genuine negotiations between the parties and covered all the necessary aspects of employment. Furthermore, the Commission was satisfied that the agreement did not contain any terms that would unfairly discriminate against employees. As a result, the Commission approved the Bega Strathmerton Production Enterprise Agreement 2022.

Consequently, the Fair Work Commission issued an order approving the Bega Strathmerton Production Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Bega Cheese Limited at the Strathmerton production site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established