Bega Cheese Ltd Summary

[2013] FWCA 3370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bega Cheese Ltd
(AG2013/1229)

BEGA CHEESE STRATHMERTON ETU/AMWU ENTERPRISE AGREEMENT 2012-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 28 MAY 2013

Application for approval of the Bega Cheese Strathmerton ETU/AMWU Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bega Cheese Strathmerton ETU/AMWU Enterprise Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Bega Cheese Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the 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 it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and the CEPU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 4 June 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Bega Cheese Ltd involved an application by the company for approval of the Bega Cheese Strathmerton Enterprise Agreement 2012-2016. The agreement was between the company and the Engineering, Trades and Manufacturing Union/Australian Manufacturing Workers' Union (ETU/AMWU). The dispute was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and industrial disputes in Australia. The central issue before the commission was whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement met the criteria for "better off overall" and "in the national system interest."

The commission considered the economic and non-economic benefits of the agreement for the employees, alongside the impact on the bargaining power of the parties. It examined whether the agreement provided a fair and reasonable balance of benefits and obligations. The commission also evaluated if the agreement would contribute to the national system of industrial relations by promoting productivity, fairness, and harmonious industrial relations. The court concluded that the proposed agreement satisfied the "better off overall" test, as it provided a net gain for the employees, and it was in the national system interest, as it promoted fair and harmonious industrial relations.

Consequently, the Fair Work Commission approved the Bega Cheese Strathmerton Enterprise Agreement 2012-2016. The commission found that the agreement met the statutory requirements and provided a fair and reasonable balance of benefits and obligations for the employees and the employer. The agreement was deemed to be in the national system interest, promoting fair and harmonious industrial relations. The commission's decision provided clarity and certainty for the parties involved, ensuring the continued operation of the Strathmerton plant and the preservation of jobs within the region.

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