Bega Cheese Limited T/A Bega Cheese Limited

[2018] FWCA 166

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bega Cheese Limited T/A Bega Cheese Limited

(AG2017/4678)

Bega Cheese Limited (Coburg) Enterprise Agreement 2017

Food, beverages and tobacco manufacturing industry
Deputy President Kovacic	CANBERRA, 9 JANUARY 2018

Application for approval of the Bega Cheese Limited (Coburg) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Bega Cheese Limited (Coburg) Enterprise Agreement 2017 (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 T/A 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 National Union of Workers 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 16 January 2018. The nominal expiry date of the Agreement is 5 April 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bega Cheese Limited, trading as Bega Cheese Limited, and its employees. The dispute centred on the application for approval of the Bega Cheese Limited (Coburg) Enterprise Agreement 2017. The application was heard by the Fair Work Commission. The central legal issues revolved around whether the proposed agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it provided for a fair and efficient workplace, and if it complied with the procedural fairness principles.

The Fair Work Commission examined the evidence and submissions provided by both parties. It assessed whether the agreement was genuinely negotiated between the employer and the employees, and if it provided for a fair and efficient workplace. The court also considered the procedural fairness, ensuring that the process of negotiation and agreement-making was fair and transparent. In its reasoning, the Commission noted that the agreement contained provisions that were beneficial to the employees, including provisions for pay rates, conditions of employment, and dispute resolution mechanisms. The Commission concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees.

The Fair Work Commission approved the Bega Cheese Limited (Coburg) Enterprise Agreement 2017. The decision was based on the evidence that the agreement was genuinely negotiated, provided for a fair and efficient workplace, and complied with the procedural fairness principles. The Commission's approval ensured that the agreement would become a legally binding enterprise agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established