Regal Cream Products Pty Ltd T/A Bulla Dairy Foods

[2021] FWCA 7251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2021/8531)

BULLA DAIRY FOODS AND UNITED WORKERS UNION
MULGRAVE MANUFACTURING ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Bulla Dairy Foods and United Workers Union Mulgrave Manufacturing Enterprise Agreement 2021.

[1] Regal Cream Products Pty Ltd T/A Bulla Dairy Foods has applied for approval of a single enterprise agreement known as the Bulla Dairy Foods and United Workers Union Mulgrave Manufacturing Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 29 December 2021. The nominal expiry date of the Agreement is 1 August 2025.

[5] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514410 PR737031>
ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Regal Cream Products Pty Ltd trading as Bulla Dairy Foods, sought approval of the Bulla Dairy Foods and United Workers Union Mulgrave Manufacturing Enterprise Agreement 2021. The respondent, the United Workers Union, did not oppose the application. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission had the authority to assess whether the agreement complied with the legislative criteria.

The primary legal issues involved determining if the agreement was genuinely a product of bargaining between the parties, if it contained the mandatory terms as required by the Act, and whether it met the good faith requirement. The court examined if the agreement was fairly negotiated and if it included all the mandatory terms stipulated in the legislation. It also assessed whether the agreement demonstrated a good faith effort to reach a resolution.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties, contained all the mandatory terms, and was made in good faith. The applicant had provided evidence of the negotiation process and demonstrated that the agreement was a product of genuine bargaining. The court was satisfied that the agreement met all the statutory requirements for approval. Consequently, the application for approval was granted, and the agreement was approved as a registered enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established