Tatura Milk Industries Pty Ltd

[2023] FWCA 3167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tatura Milk Industries Pty Ltd

(AG2023/3323)

BEGA TATURA (METAL & ELECTRICAL TRADES UNION) ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 2 OCTOBER 2023

Application for approval of the Bega Tatura (Metal & Electrical Trades Union) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Bega Tatura (Metal & Electrical Trades Union) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tatura Milk Industries Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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.

On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided, I note that the Agreement covers these organisations.

The Agreement was approved on 2 October 2023 and, in accordance with s 54, will operate from 9 October 2023. The nominal expiry date of the Agreement is 31 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Tatura Milk Industries Pty Ltd for the approval of the Bega Tatura (Metal & Electrical Trades Union) Enterprise Agreement 2023. The application was heard in the Fair Work Commission, an Australian federal statutory body responsible for the administration of workplace relations laws. The central issue before the Commission was whether the agreement met the legal requirements for approval, specifically whether it complied with the Fair Work Act 2009 and provided fair and efficient outcomes for employees.

The Fair Work Commission examined several legal aspects of the agreement, including whether it was made in good faith, if it included fair terms and conditions, and whether it adhered to the provisions of the Fair Work Act. The Commission also considered the impact of the agreement on the employees' wages, entitlements, and working conditions. Given the nature of the enterprise agreement and the obligations of the parties, the Commission was tasked with determining if the agreement sufficiently balanced the interests of both the employer and the employees.

In its decision, the Fair Work Commission found that the agreement was made in good faith and contained terms and conditions that were fair and efficient. The Commission determined that the agreement provided adequate protections and benefits for the employees while also allowing the employer to operate the business effectively. The Commission approved the Bega Tatura (Metal & Electrical Trades Union) Enterprise Agreement 2023, stating that it met the statutory requirements under the Fair Work Act. The decision highlighted the importance of achieving a fair balance between the rights and obligations of employers and employees in enterprise agreements.

The final order of the Fair Work Commission was the approval of the Bega Tatura (Metal & Electrical Trades Union) Enterprise Agreement 2023, effective from the date of the decision. The approval ensures that the agreement is legally binding and enforceable between the employer and the union, governing the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established