DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2015/2690)

BULLA FOODS DERRIMUT LOGISTICS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 MAY 2015

Application for approval of the Bulla Dairy Foods Derrimut Logistics Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods Derrimut Logistics Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Regal Cream Products Pty Ltd trading as Bulla Dairy Foods. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 June 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Regal Cream Products Pty Ltd trading as Bulla Dairy Foods, sought approval of the Bulla Dairy Foods Derrimut Logistics Enterprise Agreement 2014. The application was heard by the Fair Work Commission, with the respondents being various unions representing the employees of Bulla Dairy Foods. The dispute centred around the terms and conditions of employment for the logistics employees under the proposed agreement. The unions argued that certain provisions of the agreement were not fair and reasonable, while Bulla Dairy Foods maintained that the agreement was in the best interests of both the company and its employees.

The legal issues before the Commission were whether the proposed enterprise agreement contained terms that were fair and reasonable, and if it met the criteria for approval under the Fair Work Act 2009. The Commission had to consider various aspects of the agreement, including pay rates, conditions of employment, dispute resolution mechanisms, and provisions regarding redundancy and termination. The unions challenged specific terms, asserting that they were detrimental to the employees' interests and did not provide adequate protections.

The Fair Work Commission assessed the evidence presented by both parties and examined the terms of the proposed agreement. The Commission found that the majority of the agreement's provisions were fair and reasonable, taking into account the broader economic context and the need for the company to remain competitive. The Commission also noted that the agreement provided certain protections and benefits to employees, such as provisions for redundancy payments and dispute resolution mechanisms. The Commission concluded that the proposed agreement was in the best interests of the employees and approved it, subject to certain modifications to address the unions' concerns.

The final orders of the Commission included the approval of the Bulla Dairy Foods Derrimut Logistics Enterprise Agreement 2014, with specific amendments to certain provisions to ensure they were fair and reasonable. The Commission's decision was based on a comprehensive analysis of the evidence and a consideration of the interests of both the employees and the employer. The approved agreement now serves as the basis for the terms and conditions of employment for the logistics employees of Bulla Dairy Foods.

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established