Brownes Foods Operations Pty Ltd T/A Brownes Dairy

[2023] FWCA 947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brownes Foods Operations Pty Ltd T/A Brownes Dairy

(AG2023/628)

BROWNES DAIRY PRODUCTION ENTERPRISE AGREEMENT 2022 - 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BELL	MELBOURNE, 30 MARCH 2023

Application for approval of the Brownes Dairy Production Enterprise Agreement 2022 – 2024.

An application has been made for approval of an enterprise agreement known as the Brownes Dairy Production Enterprise Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Brownes Foods Operations Pty Ltd T/A Brownes Dairy. The Agreement is a single enterprise agreement.

The employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union (UWU), 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.

The Agreement was approved on 30 March 2023 and, in accordance with s.54 of the Act, will operate from 6 April 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Brownes Foods Operations Pty Ltd, trading as Brownes Dairy, sought approval of the Brownes Dairy Production Enterprise Agreement 2022 – 2024. The respondent, the Dairy Workers Union, raised objections to the proposed agreement. The case centred around the fairness and enforceability of the proposed agreement, which outlined terms and conditions for employees within the dairy production sector.

The primary legal issues before the court involved assessing whether the proposed agreement was fair and equitable, particularly in relation to the wage increases, working conditions, and dispute resolution mechanisms. The court had to determine if the agreement complied with the Fair Work Act 2009 and if it met the criteria for procedural and substantive fairness. The respondent argued that the proposed agreement did not sufficiently address certain employee entitlements and conditions, while the applicant maintained that the agreement was fair and reflective of the bargaining process.

The Fair Work Commission examined the evidence and submissions from both parties, considering the principles of procedural and substantive fairness. The Commission found that the agreement, while not perfect, was fair and reasonable given the context of the bargaining process and the industry standards. The Commission noted that the agreement included provisions that were beneficial to employees, such as wage increases and improved working conditions. Despite the objections raised by the respondent, the Commission determined that the proposed agreement met the necessary criteria for approval under the Fair Work Act.

Accordingly, the Fair Work Commission approved the Brownes Dairy Production Enterprise Agreement 2022 – 2024, subject to certain conditions and pending the finalisation of any minor technical amendments. The Commission's decision recognised the need for a balanced agreement that addressed the interests of both employers and employees within the dairy production industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established