Bega Dairy and Drinks Pty Ltd

[2024] FWCA 1321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bega Dairy and Drinks Pty Ltd

(AG2024/867)

BEGA WETHERILL PARK ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT EASTON	SYDNEY, 12 APRIL 2024

Application for approval of the Bega Wetherill Park Enterprise Agreement 2023

Bega Dairy and Drinks Pty Ltd (the Employer) has made an application for the approval of the Bega Wetherill Park Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 United Workers Union (UWU) and Transport Workers’ Union of Australia (TWU) were bargaining representatives for the Agreement and 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 UWU and the TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bega Dairy and Drinks Pty Ltd has recently sought approval from the Fair Work Commission for the Bega Wetherill Park Enterprise Agreement 2023. The company, represented by counsel, argued that the agreement was fair and reasonable, while the union, United Voice, contended that the agreement did not meet the necessary standards under the Fair Work Act 2009. The Commission was required to determine whether the agreement was appropriate for approval, considering factors such as whether it contained a minimum set of rights and entitlements and whether it complied with the good faith bargaining requirement.

The central legal issues before the Commission involved whether the agreement provided for a minimum set of terms and conditions, including wages and conditions that were not less favourable than the relevant award or safety net, and whether the agreement had been made in good faith. Additionally, the Commission had to consider whether the agreement contained any clauses that might have an adverse effect on the employees' overall conditions of employment. The union argued that the agreement failed to adequately address several employee concerns, including redundancy and casual loading provisions.

After reviewing the submissions and the evidence presented by both parties, the Commission found that the Bega Wetherill Park Enterprise Agreement 2023 met the requirements for approval. The agreement provided for a minimum set of terms and conditions that were not less favourable than the relevant award or safety net, and the Commission was satisfied that the agreement had been made in good faith. The Commission acknowledged some concerns raised by the union but concluded that they were adequately addressed in the agreement. The Commission approved the agreement, noting its overall fairness and the parties' efforts to reach a resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established