DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2014/11055)

BULLA DAIRY FOODS DANDENONG & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 2 MARCH 2015

Application for approval of the Bulla Dairy Foods Dandenong & National Union of Workers Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods Dandenong & National Union of Workers Enterprise Agreement 2013-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Regal Cream Products Pty Ltd T/A Bulla Dairy Foods. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Regal Cream Products Pty Ltd T/A Bulla Dairy Foods. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2015. The nominal expiry date of the Agreement is 30 September 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Regal Cream Products Pty Ltd, trading as Bulla Dairy Foods, and the National Union of Workers, who are the employees' representatives. The dispute was about the approval of an enterprise agreement for the period 2013-2017. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, particularly in relation to its fairness, and whether the necessary procedures for its approval were followed. The Commission had to examine if the agreement contained only 'agreement matters' and whether it met the 'better off overall test'. It also had to ensure the agreement was free from any unlawful content, such as provisions that could lead to adverse action against employees for asserting their rights.

In its decision, the Commission considered the provisions of the agreement and the submissions made by both parties. It found that while the majority of the agreement met the statutory requirements, certain clauses were problematic. These included provisions that could potentially lead to deductions from employees' wages without proper justification, which the Commission deemed to be unfair. Additionally, the Commission noted that the agreement did not adequately address the process for resolving disputes, which was a concern. Ultimately, the Commission made orders to amend the agreement to remove the unfair provisions and ensure compliance with the Act.

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