DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burles Consulting Pty Ltd
(AG2020/1748)

BETTA MILK ENTERPRISE AGREEMENT (2020)

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 8 JULY 2020

Application for approval of the Betta Milk Enterprise Agreement (2020).

[1] An application has been made for approval of an enterprise agreement known as the Betta Milk Enterprise Agreement (2020) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burles Consulting Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of 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.

[4] The Australian 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 15 July 2020. The nominal expiry date of the Agreement is 2 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Burles Consulting Pty Ltd, the Fair Work Commission was presented with an application to approve the Betta Milk Enterprise Agreement (2020). Burles Consulting sought approval of the agreement which was negotiated with the Retail and Fast Food Workers Union. The dispute centred on the terms and conditions of employment for workers in the milk processing industry, specifically addressing wage rates, penalties, and procedural fairness.

The legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically in terms of procedural fairness and whether the agreement provided for the proper protection of employees' interests. Furthermore, the Commission had to assess whether the process of negotiating the agreement was free from any unfair labour practices or procedural flaws.

The Fair Work Commission found that the process of negotiating the agreement was procedurally fair, with both parties engaging in good faith negotiations. The Commission concluded that the agreement adequately protected the interests of employees and provided for fair and reasonable terms and conditions of employment. The Commission approved the Betta Milk Enterprise Agreement (2020), highlighting its compliance with the statutory requirements and the protection it afforded to employees.

The Commission's decision was a clear approval of the agreement, setting out the terms and conditions that will govern employment in the milk processing industry for the specified period. The Commission's ruling ensures that the agreement will be in effect, providing a framework for fair and equitable employment practices within the industry.

Burles Consulting 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