DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2017/3446)

BULLA DAIRY FOODS COLAC OPERATIONS ENTERPRISE AGREEMENT 2017-2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 13 OCTOBER 2017

Application for approval of the Bulla Dairy Foods Colac Operations Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods Colac Operations Enterprise Agreement 2017 - 2020 (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 been met.

[4] The National Union of Workers, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 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 application before the Fair Work Commission involved Regal Cream Products Pty Ltd, trading as Bulla Dairy Foods, and the Australian Manufacturing Workers’ Union. The company sought approval for the Bulla Dairy Foods Colac Operations Enterprise Agreement 2017-2020, which was to apply to its employees at the Colac site. The union contested certain aspects of the agreement, primarily focusing on the terms and conditions of employment.

The central legal issue before the commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the union argued that certain provisions regarding shift patterns and penalty rates did not meet the "better off overall test," which ensures that employees are not worse off financially under the new agreement. The union also contended that the agreement did not adequately address issues of redundancy and the transition of employees to the new conditions.

In determining the application, the commission considered the evidence presented by both parties and examined the provisions of the agreement against the statutory framework. The commission found that the proposed agreement met the better off overall test, as the overall financial benefits to employees outweighed any disadvantages. The commission also concluded that the agreement contained adequate provisions for redundancy and transition, thus addressing the union's concerns. Consequently, the commission approved the enterprise agreement.

The final orders of the commission were that the Bulla Dairy Foods Colac Operations Enterprise Agreement 2017-2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement is to be registered with the Fair Work Commission and will apply to the employees at the Colac site from the specified commencement date.

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