Brownes Foods Operations Pty Ltd T/A Brownes Dairy
[2023] FWCA 947
•30 MARCH 2023
| [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
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Annexure A
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