DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bega Dairy and Drinks Pty Ltd
(AG2021/8501)

BEGA DAIRY AND DRINKS NSW LOGISTICS ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER MATHESON	SYDNEY, 10 DECEMBER 2021

Application for approval of the Bega Dairy and Drinks NSW Logistics Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bega Dairy and Drinks NSW Logistics Enterprise Agreement 2021 (Agreement). The application was made by Bega Dairy and Drinks Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

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CaseChat Overview and Summary

Bega Dairy and Drinks Pty Ltd applied to the Fair Work Commission for the approval of the Bega Dairy and Drinks NSW Logistics Enterprise Agreement 2021. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on the proposed terms of employment for employees working within the logistics sector of Bega Dairy and Drinks in New South Wales, including issues such as wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement provided for appropriate safeguards for vulnerable employees and whether it complied with the procedural requirements for the making of an enterprise agreement.

In its decision, the Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement included provisions for minimum wages, allowances, and entitlements that were no less favourable than the relevant award or registered agreement. The Commission also found that the agreement provided appropriate safeguards for vulnerable employees, such as provisions for flexible working arrangements and protections against unfair dismissal. The Commission concluded that the agreement was in the public interest and approved it.

The Fair Work Commission approved the Bega Dairy and Drinks NSW Logistics Enterprise Agreement 2021, effective from 1 January 2022. The approval ensures that employees within the logistics sector of Bega Dairy and Drinks in New South Wales are covered by a modern and fair enterprise agreement that provides for appropriate safeguards and protections.

Bega Dairy and Drinks Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established