Regal Cream Products Pty Ltd T/A Bulla Dairy Foods

[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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CaseChat Overview and Summary

The Bulla Dairy Foods Dandenong & United Workers Union Enterprise Agreement 2021 application was heard in the Fair Work Commission. The applicant, Regal Cream Products Pty Ltd, trading as Bulla Dairy Foods, sought approval of the enterprise agreement. The respondent, the United Workers Union, represented the employees.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it fairly reflected the terms and conditions of employment for the employees covered by the agreement. The Commission needed to consider if the agreement met the criteria for certification, including whether it was made in good faith and whether it provided for the mandatory terms set out in the Fair Work Act.

The Fair Work Commission found that the agreement was made in good faith and contained all the mandatory terms required by the Fair Work Act. The Commission also found that the agreement fairly reflected the terms and conditions of employment for the employees covered by it. The Commission certified the enterprise agreement, making it legally binding on the parties from the date of the decision.

The Fair Work Commission approved the Bulla Dairy Foods Dandenong & United Workers Union Enterprise Agreement 2021, making it a legally binding enterprise agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established