Bega Dairy and Drinks Pty Ltd T/A Bega Dairy and Drinks

[2021] FWCA 5976

[2021] FWCA 5976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bega Dairy and Drinks Pty Ltd T/A Bega Dairy and Drinks
(AG2021/7316)

BEGA DAIRY AND DRINKS PENRITH OPERATIONS ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the Bega Dairy and Drinks Penrith Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bega Dairy and Drinks Penrith Operations Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bega Dairy and Drinks Pty Ltd T/A Bega Dairy and Drinks. The Agreement is a single enterprise agreement.

[2] 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.

[3] I note that clause 23.8 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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