DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2015/1962)

BULLA DAIRY FOODS COLAC OPERATIONS ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER BLAIR	MELBOURNE, 26 FEBRUARY 2015

Variation of the Bulla Dairy Foods Colac Operations Enterprise Agreement 2014-2017.

[1] An application has been made for approval of a variation of the Bulla Dairy Foods Colac Operations Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by Regal Cream Products Pty Ltd t/as Bulla Dairy Foods (the Company).

[2] At a hearing which took place before the Fair Work Commission (Commission) in Melbourne on 18 February 2015 the parties covered by the Agreement confirmed that they support the application.

[3] The Commission is satisfied that there is ambiguity and the variations sought remove that ambiguity. Therefore, the application is approved and the Agreement is varied as follows:

● Clause 1: The agreement title has been changed per a previous undertaking;
● Clause 4.1 change from 1996 to 1998;
● Clause 8.1.1 – change from 1996 to 1998

[4] A copy of the varied Agreement is attached to this Decision and the variation operates from 18 February 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Regal Cream Products Pty Ltd, trading as Bulla Dairy Foods, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the variation of the Bulla Dairy Foods Colac Operations Enterprise Agreement 2014-2017. The Fair Work Commission (FWC) was the tribunal tasked with resolving this industrial relations matter.

The primary legal issue was whether the employer had the authority to unilaterally implement certain variations to the enterprise agreement, which included changes to shift patterns, rosters, and the introduction of a new shift allowance. The union argued that these changes constituted variations that required further negotiation and agreement, as per the provisions of the Fair Work Act 2009. The employer contended that the changes were minor and did not necessitate renegotiation, thus allowing for unilateral implementation.

The FWC examined the nature of the proposed changes and their impact on the employees. It concluded that the changes, particularly those concerning the shift patterns and allowances, were significant enough to require negotiation. The tribunal found that the employer had not adequately justified the need for unilateral action. Consequently, the FWC determined that the employer could not implement the changes without further negotiation and agreement with the union. The decision was based on the need to maintain fair and equitable terms for employees and to adhere to the statutory requirements for variations in enterprise agreements.

As a result of the FWC's decision, the employer was directed to negotiate with the union regarding the proposed changes. The FWC emphasised the importance of good faith bargaining and the need for both parties to reach a mutually acceptable agreement. The tribunal also highlighted the obligation of employers to ensure that any changes to working conditions are properly negotiated and agreed upon, in compliance with the Fair Work 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