DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Calendar Cheese Company Pty Ltd
(AG2019/474)

CALENDAR CHEESE COMPANY ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 20 MARCH 2019

Application for approval of the Calendar Cheese Company Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Calendar Cheese Company Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Calendar Cheese Company Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers 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 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Calendar Cheese Company Pty Ltd sought approval of an enterprise agreement with its employees. The company argued that the agreement was necessary to ensure the ongoing viability of its business, while the union representing the employees contended that the proposed terms were unfair and did not adequately protect employee rights. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement satisfied the criteria for approval, specifically whether it provided for appropriate minimum terms and conditions, and whether the agreement was made in good faith and without coercion. The Commission considered the evidence and submissions from both parties, including the specific provisions of the agreement and the broader context of the company’s financial situation and the nature of its business operations.

After reviewing the evidence, the Commission found that the enterprise agreement did indeed meet the statutory requirements for approval. It determined that the agreement provided for minimum terms and conditions that were not less favourable than the relevant award or safety net, and that it had been made in good faith. The Commission was satisfied that the agreement was necessary for the company to remain competitive and viable, and that it did not disadvantage the employees. Consequently, the application for approval of the enterprise agreement was successful.

The Commission approved the Calendar Cheese Company Enterprise Agreement 2018, setting out the terms and conditions of employment for the employees of the company. The agreement was to be registered with the Fair Work Commission and would apply to the employees from the date of registration.

Calendar Cheese Company 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