DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Warrnambool Cheese & Butter Factory Company Limited
(AG2015/6201)

WARRNAMBOOL CHEESE AND BUTTER EVERYDAY CHEESE (WCB EDC) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2015

Application for approval of the Warrnambool Cheese and Butter Everyday Cheese (WCB EDC) & National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Cheese and Butter Everyday Cheese (WCB EDC) & National Union of Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Warrnambool Cheese & Butter Factory Company Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 7 December 2015. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Warrnambool Cheese & Butter Factory Company Limited, a well-established manufacturer of cheese and butter products, found itself in the Fair Work Commission as it sought approval for a new enterprise agreement with the National Union of Workers. The agreement, known as the Warrnambool Cheese and Butter Everyday Cheese (WCB EDC) & National Union of Workers Enterprise Agreement 2015, was proposed to regulate the terms and conditions of employment for workers in the factory. The primary dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provision of fair and reasonable terms, and if it adequately balanced the interests of both the employer and the employees.

The court was tasked with determining whether the proposed enterprise agreement met the necessary criteria under the Fair Work Act, including whether it contained minimum terms as prescribed by the Act, and if it provided for fair and reasonable terms of employment. Furthermore, the court had to examine if the agreement was made in good faith and if it included provisions that adequately protected the rights and interests of both parties, particularly focusing on the provisions concerning wages, hours of work, and other employment conditions. The court also needed to assess if the agreement appropriately addressed any specific issues raised by either party during the negotiations.

In delivering its decision, the Fair Work Commission considered the submissions from both the employer and the union, as well as the broader context of the agreement. The Commission concluded that the proposed enterprise agreement was fair and reasonable, as it contained all the prescribed minimum terms and provided for a balanced set of employment conditions. The Commission found that the agreement was made in good faith and that it appropriately protected the rights and interests of both the employer and the employees. Consequently, the Commission approved the Warrnambool Cheese and Butter Everyday Cheese (WCB EDC) & National Union of Workers Enterprise Agreement 2015, deeming it to be compliant with the Fair Work Act. This decision allowed the agreement to be registered and enforceable, ensuring that the terms and conditions of employment for workers in the factory were governed by the new agreement.

The Warrnambool Cheese & Butter Factory Company Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established