DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Betta Milk Cooperative Society Ltd T/A Betta Milk
(AG2018/1995)

BETTA MILK COOPERATIVE SOCIETY LTD ENTERPRISE AGREEMENT (2017-2020)

Tasmania
COMMISSIONER MCKINNON	MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the Betta Milk Cooperative Society Ltd Enterprise Agreement (2017-2020).

[1] An application has been made for approval of an enterprise agreement known as the Betta Milk Cooperative Society Ltd Enterprise Agreement (2017-2020) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Betta Milk Cooperative Society Ltd T/A Betta Milk. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s. 190. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2018. The nominal expiry date of the Agreement is 2 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Betta Milk Cooperative Society Limited, trading as Betta Milk, seeking approval of an enterprise agreement with its employees. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, which the parties had negotiated. The Fair Work Commission, as the tribunal responsible for resolving such matters, was tasked with determining whether the agreement met the necessary legal criteria for approval.

The legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009, whether the agreement was made in good faith and whether it provided for a proper process for resolving disputes. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it complied with the applicable minimum standards set out in the National Employment Standards.

The Commission examined the provisions of the proposed agreement, taking into account submissions from both parties. The Commission found that the agreement did include all the mandatory terms and was made in good faith. It also determined that the agreement contained appropriate dispute resolution processes and was in the best interests of the employees. Furthermore, the Commission concluded that the agreement complied with the minimum standards under the National Employment Standards. Consequently, the Commission approved the Betta Milk Cooperative Society Ltd Enterprise Agreement (2017-2020).

The Fair Work Commission approved the Betta Milk Cooperative Society Ltd Enterprise Agreement (2017-2020), determining that it met the necessary legal criteria for approval. The Commission's decision was based on its finding that the agreement included all mandatory terms, was made in good faith, contained proper dispute resolution processes and was in the best interests of the employees. Additionally, the agreement complied with the minimum standards under the National Employment Standards.

Betta Milk Cooperative Society Ltd T/A Betta Milk

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established