Regal Cream Products Pty Ltd Summary

[2022] FWCA 502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regal Cream Products Pty Ltd

(AG2022/31)

Bulla Dairy Foods and United Workers Union Colac Operations Enterprise Agreement 2021-2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 FEBRUARY 2022

Application for approval of the Bulla Dairy Foods and United Workers Union Colac Operations Enterprise Agreement 2021-2023

Regal Cream Products Pty Ltd has made an application for approval of an enterprise agreement known as the Bulla Dairy Foods and United Workers Union Colac Operations Enterprise Agreement 2021-2023 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The United Workers Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

The Agreement was approved on 15 February 2022 and, in accordance with s 54, will operate from 22 February 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Regal Cream Products Pty Ltd for approval of the Bulla Dairy Foods and United Workers Union Colac Operations Enterprise Agreement 2021-2023. The applicant, a dairy manufacturer, sought the Commission's endorsement of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for workers at its Colac operations. The union, representing the employees, supported the agreement, while no other party contested the application.

The primary legal issue for the Commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "enterprise agreement" under the Act, including whether it provided for the fair and equitable resolution of workplace issues, was free from prohibited content, and was made in good faith. Another aspect of the inquiry involved the extent to which the agreement adhered to the "better off overall test," ensuring that the employees were no worse off financially and had additional benefits.

In reaching its decision, the Commission examined the content of the proposed agreement and assessed its compliance with the legislative framework. The Commission found that the agreement effectively addressed the workplace issues in a fair and equitable manner, contained no prohibited content, and was made in good faith. It also satisfied the better off overall test, as it provided employees with various benefits, including wage increases, improved leave entitlements, and enhanced working conditions. Given these findings, the Commission approved the enterprise agreement, considering it met all necessary legal requirements.

The Commission's final order was to approve the Bulla Dairy Foods and United Workers Union Colac Operations Enterprise Agreement 2021-2023, making it a legally binding document between the applicant and the union. The agreement was set to take effect from the date of the decision, providing a framework for the terms and conditions of employment for the Colac operations' workers during the specified period.

Regal Cream Products Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established