The Warrnambool Cheese & Butter Factory Company Limited Summary

[2013] FWCA 9684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Warrnambool Cheese & Butter Factory Company Limited
(AG2013/10217)

WARRNAMBOOL CHEESE AND BUTTER FACTORY CO. LTD AND THE TRANSPORT WORKERS UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 10 DECEMBER 2013

Application for approval of the Warrnambool Cheese and Butter Factory Co. Ltd and the Transport Workers Union of Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Cheese and Butter Factory Co. Ltd and the Transport Workers Union of Australia Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Warrnambool Cheese & Butter Factory Company Limited. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Warrnambool Cheese & Butter Factory Company Limited, represented by the applicant, sought the court's approval for the Enterprise Agreement 2013 with the Transport Workers Union of Australia. This case involved the formal assessment of the agreement, which had been reached between the parties, to ensure its compliance with the relevant industrial laws and fairness standards. The court's role was to determine whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issues before the court were whether the Enterprise Agreement 2013 was "bargained for" genuinely, "free from coercion" and "independent," and whether it contained the "safety net" provisions mandated by the Fair Work Act. The court also had to assess if the agreement met the requirements for "coverage" and "exclusivity." The court needed to ensure that the agreement provided fair and reasonable terms for the employees and did not unfairly disadvantage any party involved.

The court carefully examined the evidence and submissions from both the applicant and the respondents. It found that the agreement was genuinely bargained for and free from coercion and undue influence. The court concluded that the agreement contained the necessary safety net provisions and met the requirements for coverage and exclusivity. The court was satisfied that the agreement provided fair and reasonable terms for the employees and did not unfairly disadvantage any party involved. Based on this assessment, the court approved the Enterprise Agreement 2013 between the Warrnambool Cheese & Butter Factory Company Limited and the Transport Workers Union of Australia.

The final order of the court was the approval of the Enterprise Agreement 2013 between the Warrnambool Cheese & Butter Factory Company Limited and the Transport Workers Union of Australia, subject to the conditions and provisions outlined in the agreement. The court's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be implemented in a fair and reasonable manner. This outcome facilitated the continued operation of the Warrnambool Cheese & Butter Factory Company Limited and maintained a stable industrial relations environment for the parties involved.

The Warrnambool Cheese & Butter Factory Company Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established