DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2019/2594)

DANONE MURRAY GOULBURN PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER BISSETT	MELBOURNE, 19 AUGUST 2019

Application for approval of the DANONE MURRAY GOULBURN PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018.

[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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[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 26 August 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Union of Workers applied for the approval of an enterprise agreement between Danone Murray Goulburn Pty Ltd and the union. The matter was heard in the Fair Work Commission. The union argued that the agreement was made in good faith and provided for the efficient and productive operation of the workplace. The company contended that the agreement contained provisions that were not fair and reasonable.

The court had to determine whether the agreement was made in good faith and whether the provisions were fair and reasonable. The court also had to consider whether the agreement met the requirements of the Fair Work Act 2009. The union argued that the agreement provided for the efficient and productive operation of the workplace and that the provisions were fair and reasonable. The company argued that some of the provisions were not fair and reasonable and that the agreement did not meet the requirements of the Fair Work Act.

The court found that the agreement was made in good faith and that the provisions were fair and reasonable. The court noted that the agreement provided for the efficient and productive operation of the workplace and that the provisions were not unreasonable. The court also found that the agreement met the requirements of the Fair Work Act. The court approved the agreement and made an order for its registration.

The court ordered that the enterprise agreement be registered and that it be in effect from the date of registration. The court also ordered that the agreement be binding on all employees and employers covered by the agreement. The court found that the agreement was fair and reasonable and that it met the requirements of the Fair Work Act.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established