DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danone Murray Goulburn Pty Ltd
(AG2015/102)

DANONE MURRAY GOULBURN PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 20 MARCH 2015

Application for approval of the DANONE MURRAY GOULBURN PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014.

[1] An application has been made for approval of an enterprise agreement known as the DANONE MURRAY GOULBURN PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Danone Murray Goulburn 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 Danone Murray Goulburn 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] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] TheNational 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2015. The nominal expiry date of the Agreement is 31 December 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Danone Murray Goulburn Pty Ltd and the National Union of Workers were involved in a dispute over the approval of their 2014 Enterprise Agreement, which was brought before the Fair Work Commission. The union sought approval of the agreement, which included provisions for wages, hours of work, and other employment conditions. Danone Murray Goulburn Pty Ltd contested the application on various grounds, including that the agreement failed to meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the Enterprise Agreement complied with the statutory requirements and if it met the genuine agreement test. This test required the Commission to be satisfied that the agreement had been made freely and voluntarily, without any duress, coercion or improper conduct. Additionally, the Commission needed to determine if the agreement provided for the fair and reasonable terms and conditions of employment.

In delivering its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement had been negotiated in good faith and was not the product of any improper conduct. The Commission also held that the agreement contained provisions that were fair and reasonable in all the circumstances. Consequently, the Commission approved the Enterprise Agreement, finding that it met the statutory requirements and passed the genuine agreement test. The decision was made in favour of the union, and the agreement was approved as a registered instrument.

Danone Murray Goulburn 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