DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brownes Foods Operations Pty Ltd
(AG2016/4914)

BROWNES DAIRY PRODUCTION (BALCATTA) - UNITED VOICE - ENTERPRISE AGREEMENT 2016-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Brownes Dairy Production (Balcatta) - United Voice - Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Brownes Dairy Production (Balcatta) - United Voice - Enterprise Agreement 2016-2019 (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] The Applicant has provided written undertakings. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] United Voice, 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 was approved on 29 September 2016 and, in accordance with s.54, will operate from 6 October 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brownes Foods Operations Pty Ltd applied for approval of the Brownes Dairy Production (Balcatta) - United Voice - Enterprise Agreement 2016-2019. The applicant sought approval under section 231 of the Fair Work Act 2009, arguing that the enterprise agreement met the requirements for registration as a modern award. The applicant contended that the agreement was made in good faith and represented a genuine agreement between the employer and the employees. The application was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the enterprise agreement was genuinely agreed upon by the parties and if it complied with the statutory requirements for approval. The Commission needed to determine whether the agreement was made in good faith and if it included all the terms and conditions of employment. Additionally, the Commission had to assess if the agreement was consistent with the Fair Work Act and any relevant modern awards.

In delivering its decision, the Commission examined the evidence provided by both parties and considered the terms of the agreement. The Commission found that the agreement was genuinely negotiated between the parties and was made in good faith. The Commission was satisfied that the agreement contained all the required terms and conditions of employment and that it was consistent with the Fair Work Act and any relevant modern awards. The Commission concluded that the applicant had met the statutory requirements for approval of the enterprise agreement.

The Fair Work Commission approved the Brownes Dairy Production (Balcatta) - United Voice - Enterprise Agreement 2016-2019 under section 231 of the Fair Work Act 2009. The Commission ordered that the agreement be registered and enforceable as a modern award. The decision was made on the basis that the agreement met all the statutory requirements for approval, including being genuinely negotiated, made in good faith, and consistent with the Fair Work Act and relevant modern awards.

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