DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2018/6743)

BULLA DAIRY FOODS DANDENONG & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2019

Application for approval of the Bulla Dairy Foods Dandenong & National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods Dandenong & National Union of Workers Enterprise Agreement 2018 (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.

[3] The National Union of Workers 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.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

● Clause 17.15 – Summary Dismissal – Apprentices are excluded from notice of termination.

However, noting clause 4 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2018. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Regal Cream Products Pty Ltd, trading as Bulla Dairy Foods, for the approval of the Bulla Dairy Foods Dandenong & National Union of Workers Enterprise Agreement 2018. The dispute centred on the negotiation and content of this enterprise agreement, which was intended to cover employees at the Dandenong site of Bulla Dairy Foods.

The legal issues before the Commission were primarily whether the agreement was genuinely negotiated, met the "better off overall test," and complied with other statutory requirements under the Fair Work Act 2009. This included assessing if the agreement provided for fair terms and conditions of employment, including pay rates, hours of work, and other entitlements.

The Commission found that the agreement was genuinely negotiated between the parties and that it met the better off overall test. The Commission noted the efforts made by both parties to reach an agreement and the comprehensive nature of the terms negotiated. The Commission also found that the agreement provided for fair and reasonable terms and conditions, and it was in compliance with the relevant statutory requirements. Consequently, the Commission approved the enterprise agreement.

As a result of the approval, the Bulla Dairy Foods Dandenong & National Union of Workers Enterprise Agreement 2018 was formally recognised and enforceable. The Commission's decision provided clarity and certainty for both the employer and the employees involved, ensuring that the terms of the agreement would be upheld in accordance with the Fair Work Act 2009.

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