[2017] FWCA 6551

The attached document replaces the document previously issued with the above code on 7 December 2017.

A correction has been made to a typographical error in the title of the decision and an error in the paragraph numbering.

Member Assist for Commissioner Lee.

Dated 11 December 2017.

[2017] FWCA 6551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2017/4667)

BULLA DAIRY FOODS DERRIMUT ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Bulla Dairy Foods Derrimut Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods Derrimut 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] The Applicant 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] 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

[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 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

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, applied to the Fair Work Commission for the approval of the Bulla Dairy Foods Derrimut Enterprise Agreement 2017. The application arose from negotiations between the employer and the union representing the employees. The dispute centred on the terms and conditions of employment for the workers at the Derrimut facility, specifically whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement was in the best interests of the employees and if it complied with the provisions of the Fair Work Act. Key issues included whether the agreement provided for fair and reasonable terms and conditions, if it appropriately balanced the rights and interests of both parties, and whether it was made in good faith. The court also needed to assess if the agreement met the requirements for certification and registration under the Fair Work Act.

The Fair Work Commission examined the application and the evidence presented by both parties. It considered the provisions of the proposed agreement, the process by which it was negotiated, and the outcomes for the employees. The Commission found that the agreement met the necessary standards for approval as it provided fair and reasonable terms and conditions, and was made in good faith. The agreement was deemed to be in the best interests of the employees and met all legal requirements for registration under the Fair Work Act.

The Fair Work Commission approved the Bulla Dairy Foods Derrimut Enterprise Agreement 2017. The decision confirmed that the agreement was appropriate for registration and would be binding on the parties from the date of the Commission's approval. This outcome resolved the dispute and established the terms and conditions of employment for the workers at the Derrimut facility.

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