Bega Cheese Ltd Summary

[2023] FWCA 51

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bega Cheese Ltd

(AG2022/5392)

BEGA NSW ENTERPRISE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 JANUARY 2023

Application for approval of the Bega NSW Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bega NSW Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australasian Meat Industry Employees Union, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover its organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 January 2023. The nominal expiry date of the Agreement is 12 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bega Cheese Limited, sought approval from the Fair Work Commission of the Bega NSW Enterprise Agreement 2022. The agreement was submitted for modern award safety net provisions, which provide a safety net of minimum entitlements for employees. The primary focus of the application was to ensure that the proposed terms and conditions of employment would comply with relevant industrial laws and provide a fair and reasonable framework for the employees working under the agreement.

The legal issues before the court encompassed whether the terms and conditions set out in the Bega NSW Enterprise Agreement 2022 met the necessary requirements under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, whether it met the minimum safety net provisions, and whether the agreement was free from any discriminatory provisions. Furthermore, the court needed to consider whether the agreement had been genuinely negotiated and if it provided for appropriate mechanisms to resolve any disputes that may arise.

In reaching its decision, the court examined the content of the Bega NSW Enterprise Agreement 2022 and compared it to the relevant provisions of the Fair Work Act 2009. The court found that the agreement contained provisions that were fair and reasonable, met the minimum safety net entitlements, and did not include any discriminatory provisions. Additionally, the court determined that the agreement had been genuinely negotiated between the applicant and the relevant employee representatives. Based on these findings, the court approved the Bega NSW Enterprise Agreement 2022, and it will now serve as a legally binding contract between Bega Cheese Limited and its employees in New South Wales.

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