DECISION

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

Brownes Foods Operations Pty Ltd
(AG2019/4480)

BROWNES DAIRY PRODUCTION (BALCATTA) - UNITED WORKERS UNION - ENTERPRISE AGREEMENT 2019 - 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILLIAMS	PERTH, 16 JANUARY 2020

Application for approval of the Brownes Dairy Production (Balcatta) - United Workers Union - Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Brownes Dairy Production (Balcatta) - United Workers Union - Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brownes Foods Operations Pty Ltd. 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] 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. This is required because Clause 24 of the Agreement does not deal with changes to rosters or ordinary hours of work (see s.205(1A) of the Act).

[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 23 January 2020. The nominal expiry date of the Agreement is 31 May 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brownes Foods Operations Pty Ltd sought approval of the Brownes Dairy Production (Balcatta) - United Workers Union - Enterprise Agreement 2019 - 2022. The union argued the agreement was in the best interests of its members, while Brownes Foods maintained it was not in the best interests of its employees. The dispute was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether the agreement met the requirements of the Fair Work Act 2009.

The Commission considered the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission noted that the agreement contained provisions for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. The Commission also considered the evidence presented by both parties, including submissions from the union and Brownes Foods, and the views of the employees. The Commission concluded that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act. The Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment for the employees.

The Fair Work Commission approved the Brownes Dairy Production (Balcatta) - United Workers Union - Enterprise Agreement 2019 - 2022. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees and was in their best interests. The Commission noted that the agreement contained provisions for wages, hours of work, leave entitlements, and other employment-related matters, and that it met the requirements of the Fair Work Act. The Commission approved the agreement, subject to certain conditions, including the requirement that Brownes Foods provide a written undertaking to comply with the agreement.

Brownes Foods Operations 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