DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2021/5345)

BULLA DAIRY FOODS DERRIMUT ENTERPRISE AGREEMENT 2020-2023

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COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 JUNE 2021

Application for approval of the Bulla Dairy Foods Derrimut Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods Derrimut Enterprise Agreement 2020-2023 (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/A Bulla Dairy Foods. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 35.9.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers’ Union (UWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 June 2021 and, in accordance with s.54, will operate from 14 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Bulla Dairy Foods Derrimut Enterprise Agreement 2020-2023, the Fair Work Commission was asked to consider whether the agreement met the requirements of the Fair Work Act 2009. The applicant, Regal Cream Products Pty Ltd trading as Bulla Dairy Foods, sought approval of the agreement which was negotiated between the company and its employees represented by the Dairy, Ice Cream and Food Workers Union. The nature of the dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether they complied with the provisions of the Act.

The legal issues before the Commission were whether the agreement provided for minimum rates of pay and conditions, ensured procedural fairness, and was consistent with the objectives of the Fair Work Act. The Commission had to examine the specifics of the proposed agreement, including wage rates, working hours, leave provisions, and dispute resolution mechanisms, to determine if they adhered to the statutory requirements and if the agreement had been genuinely negotiated. The Commission also needed to consider if the agreement had been made in good faith, taking into account the bargaining power of both parties.

The Commission, after reviewing the terms and conditions of the proposed agreement, found that it met the requirements of the Fair Work Act. The agreement provided for minimum rates of pay that were above the award rates, included provisions for leave and overtime, and established a fair and efficient dispute resolution process. The Commission was satisfied that the agreement was the product of genuine negotiations between the parties and that it aligned with the objectives of the Act. Consequently, the Commission approved the Bulla Dairy Foods Derrimut Enterprise Agreement 2020-2023, thereby resolving the application in favour of the applicant.

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