DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2018/1071)

BULLA DAIRY FOODS AND NATIONAL UNION OF WORKERS MULGRAVE MANUFACTURING ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 31 JULY 2018

Application for approval of the Bulla Dairy Foods and National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods and National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2017 (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] Written undertakings have been given in accordance with s.190. 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2018. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Regal Cream Products Pty Ltd trading as Bulla Dairy Foods, sought approval of the Bulla Dairy Foods and National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2017. The application was opposed by two unions, the National Union of Workers and the Shop, Distributive and Allied Employees’ Association. The matter was heard in the Fair Work Commission.

The legal issues before the court centred on whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether the requirements of the Fair Work Act 2009 had been met. Specifically, the court had to determine if the agreement had been appropriately negotiated, if it contained the necessary provisions, and if it was free from any illegality or impropriety.

The court found that the agreement was genuine and had been made in good faith. It concluded that the negotiation process was appropriate, and the agreement contained all the necessary provisions as per the Fair Work Act. The court further determined that there were no illegalities or improprieties in the agreement. Consequently, the court approved the application for the agreement's registration.

The Fair Work Commission approved the Bulla Dairy Foods and National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2017. The court ordered that the agreement be registered and enforceable under the Fair Work Act.

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