Brownes Foods Operations Pty Ltd Summary

[2014] FWCA 7693

FAIR WORK COMMISSION

DECISION

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

Brownes Foods Operations Pty Ltd
(AG2014/9594)

BROWNES DAIRY PRODUCTION (BALCATTA) - UNITED VOICE - ENTERPRISE AGREEMENT 2014-2016

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 OCTOBER 2014

Application for approval of the Brownes Dairy Production (Balcatta) - United Voice - Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Brownes Dairy Production (Balcatta) - United Voice - Enterprise Agreement 2014-2016 (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 and 187 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 November 2014. The nominal expiry date of the Agreement is 31 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by United Voice for the approval of the Brownes Dairy Production (Balcatta) - United Voice - Enterprise Agreement 2014-2016. The parties to the dispute were United Voice, the applicant, and Brownes Foods Operations Pty Ltd, the respondent. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the enterprise agreement for the employees of Brownes Dairy Production. The case was heard in the Fair Work Commission, which is the tribunal responsible for regulating and enforcing workplace relations laws in Australia.

The primary legal issues the court needed to address were whether the terms and conditions of the enterprise agreement were fair and appropriate, and if they complied with the requirements set out in the Fair Work Act 2009. This included determining whether the agreement met the 'better off overall test' and whether it was free from any unfair content. The court also needed to consider whether the agreement had been negotiated in good faith and whether it was consistent with the relevant national employment standards.

The Fair Work Commission, in delivering its decision, found that the enterprise agreement met the criteria set out in the legislation. The Commission considered the submissions made by both parties and examined the terms and conditions of the agreement. It was satisfied that the agreement was fair and appropriate, and that it provided employees with benefits that were better than what they would have received under the applicable awards. The Commission also found that the agreement had been negotiated in good faith and was consistent with the relevant national employment standards. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Brownes Dairy Production (Balcatta) - United Voice - Enterprise Agreement 2014-2016, determining that it met the criteria for fairness and appropriateness as outlined in the Fair Work Act 2009. This decision recognised the agreement as a legitimate and binding contract between the employer and the employees, and it is now in effect for the duration specified.

Brownes Foods Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established