DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Cheese and Butter Factory Company Holdings Limited
(AG2016/5681)

WARRNAMBOOL CHEESE & BUTTER FACTORY VEHICLE MAINTENANCE EMPLOYEES AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Warrnambool Cheese & Butter Factory Vehicle Maintenance Employees Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Cheese & Butter Factory Vehicle Maintenance Employees Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrnambool Cheese and Butter Factory Company Holdings Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Warrnambool Cheese and Butter Factory Company Holdings Limited, applied to the Fair Work Commission for approval of a new enterprise agreement. The proposed agreement, titled the Warrnambool Cheese & Butter Factory Vehicle Maintenance Employees Agreement 2016, was intended to replace an existing agreement and aimed to set out the terms and conditions of employment for vehicle maintenance employees. The respondents, who were the employees represented by the Transport Workers Union of Australia, opposed the application, arguing that the proposed agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement was a "single interest" enterprise agreement, and if it contained all the "protected actions" required under the Fair Work Act. The applicants argued that the agreement was a single interest agreement, as it only covered vehicle maintenance employees who were employed by Warrnambool Cheese and Butter Factory Company Holdings Limited. The respondents, however, contended that the agreement was not a single interest agreement as it excluded other employees who performed similar work within the company. Furthermore, the respondents argued that the proposed agreement did not include all the "protected actions" required by law, such as minimum rates of pay, maximum ordinary hours of work, and provisions for leave.

In assessing the application, the Commission examined the definition of a "single interest" enterprise agreement under section 172 of the Fair Work Act. It determined that the proposed agreement was indeed a single interest agreement, as it only covered vehicle maintenance employees who were employed by the applicant company. The Commission also considered whether the agreement contained all the "protected actions" required by law. It found that the proposed agreement did not explicitly state the minimum rates of pay and maximum ordinary hours of work for the employees. However, the Commission was satisfied that the agreement included all other "protected actions" and that the omission of the specific provisions for minimum rates of pay and maximum ordinary hours of work was not fatal to the approval of the agreement. The Commission ultimately approved the proposed agreement, subject to minor amendments to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the application for the Warrnambool Cheese & Butter Factory Vehicle Maintenance Employees Agreement 2016, subject to the incorporation of specific provisions for minimum rates of pay and maximum ordinary hours of work. The Commission found that the proposed agreement was a "single interest" enterprise agreement and contained all the "protected actions" required under the Fair Work Act, apart from the aforementioned omissions. The Commission ordered that the agreement be registered and become the applicable enterprise agreement for the relevant employees.

Warrnambool Cheese and Butter Factory Company Holdings Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established