Regal Cream Products Pty Ltd T/A Bulla Dairy Foods

[2020] FWCA 6173

[2020] FWCA 6173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2020/3048)

BULLA DAIRY FOODS COLAC OPERATIONS ENTERPRISE AGREEMENT 2020 - 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 18 NOVEMBER 2020

Application for approval of the Bulla Dairy Foods Colac Operations Enterprise Agreement 2020-2021.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods Colac Operations Enterprise Agreement 2020 - 2021 (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] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] The United Workers’ Union 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, 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.

[7] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 16;

•  Clause 17.1.4; and

•  Clause 40.4.2.

[8] However, noting clause 9 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] The Agreement was approved on 18 November 2020 and, in accordance with s.54, will operate from 25 November 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A: