DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2014/11084)

BULLA DAIRY FOODS COLAC OPERATIONS ENTERPRISE AGREEMENT 2011-2014.

Food, beverages and tobacco manufacturing industry
COMMISSIONER BLAIR	MELBOURNE, 20 FEBRUARY 2015

Application for approval of the Bulla Dairy Foods Colac Operations Enterprise Agreement 2011-2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Bulla Dairy Foods Colac Operations Enterprise Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regal Cream Products Pty Ltd t/as Bulla Dairy Foods (the Applicant).

[2] 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] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Transport Workers’ Union of Australia being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Regal Cream Products Pty Ltd, trading as Bulla Dairy Foods, and the Australian Manufacturing Workers' Union. The dispute pertained to the application for approval of the Bulla Dairy Foods Colac Operations Enterprise Agreement 2011-2014. The matter was brought before the Fair Work Commission, which is the federal workplace relations tribunal in Australia. The Commission was tasked with determining whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission needed to address were whether the agreement was a bona fide enterprise agreement, whether it had been made in good faith, and whether it met the procedural requirements set forth in the Fair Work Act. The Commission also had to consider whether the agreement provided for fair terms and conditions, including minimum rates of pay, leave entitlements, and other working conditions that were no less favourable than those provided for in the relevant modern award.

In delivering its decision, the Commission examined the process by which the agreement was negotiated and the extent to which the parties had engaged in genuine bargaining. The Commission found that the agreement was indeed a bona fide enterprise agreement and had been made in good faith. It also determined that the agreement was procedurally valid and contained terms and conditions that were fair and reasonable. The Commission emphasised that the agreement provided for the protection of employees' rights and interests, while also ensuring that the employer could operate efficiently. Consequently, the Commission approved the Bulla Dairy Foods Colac Operations Enterprise Agreement 2011-2014.

Following the approval, the Fair Work Commission issued its orders, which included the formal registration of the enterprise agreement. This decision has implications for the parties involved and sets a precedent for future enterprise agreements within the dairy industry and beyond. The approved agreement ensures that the terms and conditions of employment for the employees at the Bulla Dairy Foods Colac Operations are governed by the negotiated provisions, rather than the applicable modern award.

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