Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
[2022] FWCA 382
•17 FEBRUARY 2022
| [2022] FWCA 382 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s. 185—Enterprise agreement
Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2021/9198)
Bulla Dairy Foods Dandenong & United Workers Union Enterprise Agreement 2021
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 17 FEBRUARY 2022 |
Application for approval of the Bulla Dairy Foods Dandenong & United Workers Union Enterprise Agreement 2021.
Regal Cream Products Pty Ltd T/A Bulla Dairy Foods (the Employer) has made an application for approval of an enterprise agreement known as the Bulla Dairy Foods Dandenong & United Workers Union Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
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.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers' Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 17 February 2022 and, in accordance with s. 54, will operate from 24 February 2022. The nominal expiry date of the Agreement is 30 September 2025.
COMMISSIONER
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