Bega Cheese Ltd Summary

[2022] FWCA 4477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bega Cheese Ltd

(AG2022/4942)

Bega Koroit Reliability Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BELL	MELBOURNE, 19 DECEMBER 2022

Application for approval of the Bega Koroit Reliability Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Bega Koroit Reliability Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Bega Cheese Ltd. 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. Pursuant to s.201(3), 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 Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 organisations.

The Agreement was approved on 19 December 2022 and, in accordance with s.54 of the Act, will operate from 26 December 2022. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bega Cheese Limited applied to the Fair Work Commission for approval of the Bega Koroit Reliability Enterprise Agreement 2022. The application was opposed by the Australian Manufacturing Workers' Union and the United Voice union. The unions argued that the agreement contained provisions that were not compliant with the Fair Work Act 2009 and did not provide adequate protections for employees. The unions contended that certain clauses in the agreement undermined employee rights and were not in the best interests of the workforce.

The primary legal issues before the Commission were whether the provisions in the enterprise agreement complied with the statutory requirements and whether they were in the best interests of the employees. The Commission had to consider whether the agreement provided adequate protections, including terms related to wages, conditions of employment, and dispute resolution mechanisms. The unions argued that the agreement contained provisions that were overly restrictive and did not provide sufficient protections for employees, particularly in relation to shift patterns, rostering, and overtime.

The Commission reviewed the provisions of the enterprise agreement and the submissions from both parties. The Commission found that the agreement largely complied with the statutory requirements and that the provisions were in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions, taking into account the specific needs of the workforce at the Bega Koroit site. The Commission was satisfied that the agreement provided adequate protections for employees and did not contain any provisions that were overly restrictive or detrimental to employee rights.

The Fair Work Commission approved the Bega Koroit Reliability Enterprise Agreement 2022, dismissing the objections raised by the unions. The Commission's decision was based on its finding that the agreement was fair and reasonable, and that it provided appropriate protections for the employees.

Bega Cheese Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established