DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Betta Milk Cooperative Society Ltd
(AG2015/454)

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

Tasmania
DEPUTY PRESIDENT KOVACIC	BRISBANE, 5 MAY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Betta Milk Cooperative Society Ltd (Distribution Centres) 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 Betta Milk Co-operative Society Ltd. 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 making the application to the date it was actually made.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2015. The nominal expiry date of the Agreement is 2 February 2017.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Betta Milk Cooperative Society Ltd, seeking approval of the Betta Milk Cooperative Society Ltd (Distribution Centres) Enterprise Agreement 2014-2017. The dispute arose from the Society's attempt to implement a new enterprise agreement for its distribution centre employees. The application was contested by the National Tertiary Education Industry Union, which raised concerns regarding the proposed terms of the agreement.

The key legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, and whether it met the "better off overall test" as mandated by the Act. The Commission had to consider the fairness and reasonableness of the proposed terms, including the wages, hours of work, and other conditions of employment. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any employee or group of employees.

The Fair Work Commission found that the proposed enterprise agreement complied with the relevant statutory requirements and met the better off overall test. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and did not unfairly disadvantage any employee or group of employees. The Commission also considered the evidence presented by the parties and found that the proposed agreement was in the best interests of the employees and the employer. As a result, the Commission approved the Betta Milk Cooperative Society Ltd (Distribution Centres) Enterprise Agreement 2014-2017.

The Fair Work Commission's decision to approve the enterprise agreement means that the new terms and conditions of employment will now apply to the relevant employees. The Commission's approval ensures that the agreement complies with the requirements of the Fair Work Act 2009 and meets the better off overall test. The parties are now bound by the terms of the approved enterprise agreement.

Betta Milk Cooperative Society Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established