DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods
(AG2015/2868)

BULLA DAIRY FOODS & NATIONAL UNION OF WORKERS MULGRAVE MANUFACTURING ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 22 JULY 2015

Application for approval of the Bulla Dairy Foods & National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods & National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Regal Cream Products Pty Ltd T/A Bulla Dairy Foods (Bulla). The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Bulla. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2015. The nominal expiry date of the Agreement is 1 August 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Regal Cream Products Pty Ltd, trading as Bulla Dairy Foods, for approval of the Bulla Dairy Foods & National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2014. The dispute centred around the terms of this enterprise agreement and whether it complied with the relevant legislative framework, specifically the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements for "independent" bargaining as outlined in the Fair Work Act. Specifically, the court had to determine whether the agreement was genuinely negotiated between the parties and whether it adhered to the principles of good faith bargaining. The Commission also examined whether the agreement provided fair and reasonable terms for employees, taking into account the nature of the enterprise and the broader economic context.

The Fair Work Commission found that the agreement was the result of genuine negotiations between the parties, reflecting a balance of interests and demonstrating the principles of good faith bargaining. The Commission considered the evidence presented by both parties and concluded that the agreement provided fair and reasonable terms for employees, taking into account various factors such as the nature of the work, the economic conditions, and the specific circumstances of the enterprise. Based on this assessment, the Commission approved the agreement.

The Fair Work Commission approved the Bulla Dairy Foods & National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2014, recognising it as meeting the necessary legislative standards. This decision affirmed that the agreement was the product of independent and good faith bargaining, providing fair and reasonable terms for the employees involved.

Regal Cream Products Pty Ltd T/A Bulla Dairy Foods

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established