Bega Dairy and Drinks Pty Ltd

[2024] FWCA 3012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bega Dairy and Drinks Pty Ltd

(AG2024/2801)

BEGA NSW LOGISTICS DEPOTS ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 AUGUST 2024

Application for approval of the Bega NSW Logistics Depots Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Bega NSW Logistics Depots Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bega Dairy and Drinks Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 9 August 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2024. The nominal expiry date of the Agreement is 1 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter are Bega Dairy and Drinks Pty Ltd and the Transport Workers Union of Australia. The dispute pertains to the application for approval of the Bega NSW Logistics Depots Enterprise Agreement 2024. The case was heard in the Fair Work Commission. The primary legal issue the court had to address was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it was appropriately negotiated and certified. Specifically, the court needed to verify that the agreement contained all the mandated minimum terms and conditions, was free from prohibited content, and had been properly certified by the relevant union.

In assessing the application, the court examined the negotiation process and the certification of the agreement. The court found that the agreement was genuinely negotiated between the employer and the union, and the union had provided the necessary certification. The agreement included all the minimum terms and conditions as required by the Fair Work Act. The court also noted that the agreement did not contain any terms that would contravene the Act or be contrary to public policy. Given these findings, the court concluded that the application for approval of the Bega NSW Logistics Depots Enterprise Agreement 2024 should be granted.

The Fair Work Commission approved the Bega NSW Logistics Depots Enterprise Agreement 2024, finding it to be compliant with all statutory requirements. The court's decision recognised the proper negotiation and certification processes undertaken by the union and employer, and confirmed that the agreement met the necessary legislative criteria. This approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally sound and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established