DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/5402)

CAMPERDOWN DAIRY AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Camperdown Dairy and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Camperdown Dairy 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application for the approval of the Camperdown Dairy and National Union of Workers Enterprise Agreement 2018. The dispute arose when the union and the employer sought to have the agreement approved under the Fair Work Act 2009, and the Australian Education, Union sought to intervene on the basis that the agreement might have adverse consequences for employees not party to the agreement.

The primary legal issue before the commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for a fair and efficient workplace, whether it complied with the "better off overall test", and whether it was made in good faith and without coercion. The commission also needed to consider the arguments made by the intervener and determine if the agreement could be approved despite the potential negative impacts on non-party employees.

In its decision, the commission held that the agreement satisfied the statutory requirements for approval. The commission found that the agreement provided for a fair and efficient workplace and that it met the "better off overall test". The commission also determined that the agreement was made in good faith and without coercion. While acknowledging the intervener's concerns, the commission found that the potential negative impacts on non-party employees did not outweigh the benefits of approving the agreement. The commission ultimately approved the agreement, subject to minor amendments.

The commission's final orders included the approval of the Camperdown Dairy and National Union of Workers Enterprise Agreement 2018, subject to the minor amendments made by the commission. The agreement now provides the basis for the terms and conditions of employment for the employees covered by the agreement.

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