DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camperdown Dairy Company Pty Ltd
(AG2015/4225)

CAMPERDOWN DAIRY AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 14 AUGUST 2015

Application for approval of the Camperdown Dairy and National Union of Workers Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Camperdown Dairy and National Union of Workers Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camperdown Dairy Company Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Camperdown Dairy Company Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Camperdown Dairy Company Pty Ltd sought approval for the Camperdown Dairy and National Union of Workers Enterprise Agreement 2015-2017. The dispute revolved around the fairness and appropriateness of the proposed enterprise agreement, which aimed to establish terms and conditions of employment for the employees of Camperdown Dairy. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for the employees' fair and reasonable terms and conditions.

The legal issues before the Commission involved assessing the fairness and reasonableness of the proposed agreement in light of the relevant provisions of the Fair Work Act 2009. This included examining the agreement's provisions concerning wages, working hours, leave entitlements, and other employment terms. The Commission also had to consider whether the agreement complied with the 'better off overall test', which required that employees be no worse off financially under the new agreement compared to their previous terms of employment.

After careful consideration of the arguments presented by both parties, the Commission found that the proposed agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, and it was in line with the provisions of the Fair Work Act. The Commission was satisfied that the agreement was not likely to have a detrimental effect on the employees' overall financial position and therefore approved the agreement. The Commission's decision was based on the evidence presented and the specific circumstances of the case. As a result, the Camperdown Dairy and National Union of Workers Enterprise Agreement 2015-2017 was approved and is now in effect for the employees of Camperdown Dairy.

Camperdown Dairy 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