DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Cheese & Butter Factory Company Holdings Limited
(AG2014/10038)

WARRNAMBOOL CHEESE & BUTTER FACTORY COMPANY HOLDINGS LIMITED SOUTH AUSTRALIA MILK TANKER DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 DECEMBER 2014

Application for approval of the Warrnambool Cheese & Butter Factory Company Holdings Limited South Australia Milk Tanker Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Cheese & Butter Factory Company Holdings Limited South Australia Milk Tanker Drivers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Warrnambool Cheese & Butter Factory Company Holdings Limited. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Warrnambool Cheese & Butter Factory Company Holdings Limited, the applicant sought approval for the Warrnambool Cheese & Butter Factory Company Holdings Limited South Australia Milk Tanker Drivers Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The applicant argued that the proposed agreement, which was the outcome of negotiations between the company and the drivers, met the requirements of the Act and should therefore be approved.

The legal issues that the Fair Work Commission had to address involved whether the agreement complied with the statutory provisions of the Fair Work Act, including provisions relating to the scope of the agreement, the bargaining process, and the substantive terms of the agreement. The Commission needed to determine whether the agreement was genuinely negotiated, contained certain mandatory terms, and was fair and reasonable.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and contained all the mandatory terms required by the Fair Work Act. The Commission noted that the agreement was the result of extensive negotiations and that the parties had made genuine attempts to reach an agreement. The Commission also found that the substantive terms of the agreement, including the pay rates and conditions, were fair and reasonable. The Commission concluded that the agreement met all the legal requirements and should be approved. The Commission approved the Warrnambool Cheese & Butter Factory Company Holdings Limited South Australia Milk Tanker Drivers Enterprise Agreement 2014.

Warrnambool Cheese & 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