Tatura Milk Industries Pty Ltd

[2022] FWCA 4335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tatura Milk Industries Pty Ltd

(AG2022/5022)

Bega Tatura Production and Warehouse Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 9 DECEMBER 2022

Application for approval of the Bega Tatura Production and Warehouse Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bega Tatura Production and Warehouse Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.

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 United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2022. The nominal expiry date of the Agreement is 31 March 2026.

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 Production and Warehouse Enterprise Agreement 2022. The agreement was submitted to the Fair Work Commission for endorsement, which would then render it a legally binding award. The nature of the dispute centres around whether the agreement meets the necessary standards for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement complied with the requirements set out in the Fair Work Act, specifically sections 233 and 234. These sections mandate that an enterprise agreement must provide for the resolution of disputes, the determination of employees' pay and conditions, and must not prejudiciously affect employees' rights. The Commission also needed to determine if the agreement had been fairly negotiated and if it met the "better off overall test," which requires that employees are not worse off financially under the new agreement compared to their previous conditions.

The Commission found that the agreement met all statutory requirements. It determined that the agreement provided for adequate dispute resolution mechanisms, contained provisions for the determination of pay and conditions, and did not adversely affect employees' rights. Furthermore, the Commission was satisfied that the agreement had been fairly negotiated, as evidenced by the process and documentation provided. The "better off overall test" was also met, as the new agreement offered employees improved terms and conditions without any financial detriment. As a result, the Commission approved the agreement, finding it to be in compliance with the relevant legislative requirements.

The final orders of the Commission were to approve the Bega Tatura Production and Warehouse Enterprise Agreement 2022, which would now be binding on the parties. The agreement was to come into effect from the date of the Commission's decision, and the terms and conditions as outlined would apply to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established