DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Betta Milk Cooperative Society Ltd
(AG2015/211)

BETTA MILK COOPERATIVE SOCIETY LTD ENTERPRISE AGREEMENT (2014-2017)

Tasmania
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 13 MARCH 2015

Application for approval of the Betta Milk Cooperative Society Ltd Enterprise Agreement (2014-2017).

[1] An application has been made for approval of an enterprise agreement known as the Betta Milk Cooperative Society Ltd Enterprise Agreement (2014-2017) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mark Littler. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Betta Milk Co-operative Society Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for lodging the application to 5 February 2015.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I am not satisfied that the Agreement contains a term about settling disputes in accordance with Section 186(6) of the Act. The model term for dealing with disputes for enterprise agreement contained in Schedule 6.1 of the Fair Work Act 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 2 February 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, the Betta Milk Cooperative Society Ltd applied for the approval of the Betta Milk Cooperative Society Ltd Enterprise Agreement (2014-2017). The applicant is a dairy cooperative in Australia, and the dispute involved the terms and conditions of employment for its employees as outlined in the proposed enterprise agreement. The respondents included various employee unions and individual employees. The matter was heard by Commissioner Faddy.

The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT) and whether it met the requirements for a "single interest employer." The Commission needed to determine if the agreement provided employees with terms and conditions that were no worse than those provided by the relevant award or existing agreements and whether it was in the interests of the employees as a whole. Additionally, the Commission had to consider whether the cooperative could be classified as a single interest employer.

After reviewing the submissions and evidence from both parties, the Commissioner found that the proposed agreement met the BOOT and was in the best interests of the employees as a whole. The Commissioner noted the cooperative's status as a single interest employer and the fairness of the agreement in providing for the employees' terms and conditions. Consequently, the application for approval was granted, and the Betta Milk Cooperative Society Ltd Enterprise Agreement (2014-2017) was approved.

The final orders included the approval of the enterprise agreement, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the employees of the cooperative until the expiration of its term.

Betta Milk Cooperative Society Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established