DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Cheese and Butter Factory Company Holdings Limited T/A Warrnambool Cheese and Butter Factory Company Holdings Limited
(AG2017/5444)

WARRNAMBOOL CHEESE & BUTTER FACTORY COMPANY HOLDINGS LTD/NUW ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 JANUARY 2018

Application for approval of the Warrnambool Cheese & Butter Factory Company Holdings Ltd/NUW Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Cheese & Butter Factory Company Holdings Ltd/NUW Enterprise Agreement 2017 (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 T/A 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Warrnambool Cheese and Butter Factory Company Holdings Limited, trading as Warrnambool Cheese and Butter Factory Company Holdings Limited, applied for the approval of the Warrnambool Cheese & Butter Factory Company Holdings Ltd/NUW Enterprise Agreement 2017. The application was heard in the Fair Work Commission, where the primary concern was whether the proposed agreement met the requirements of the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and if it included minimum entitlements as prescribed by the Act. The applicant argued that the agreement was a genuine effort to resolve workplace issues and improve employee relations, while the respondent, NUW, raised concerns about specific clauses that they believed did not meet the statutory standards.

The Fair Work Commission considered the evidence and submissions from both parties. It was determined that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission noted that while some clauses raised concerns, they were not so deficient as to invalidate the entire agreement. The Commission found that the agreement complied with the statutory requirements and approved the enterprise agreement.

As a result, the application for the approval of the Warrnambool Cheese & Butter Factory Company Holdings Ltd/NUW Enterprise Agreement 2017 was approved. The agreement will now serve as a binding framework for the employment conditions of the parties involved, subject to the provisions of the Fair Work Act 2009.

Warrnambool Cheese and Butter Factory Company Holdings Limited T/A 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