DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Cheese & Butter Factory Company Holdings Limited T/A Warrnambool Cheese & Butter Factory
(AG2014/10972)

WARRNAMBOOL CHEESE AND BUTTER FACTORY / NUW ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Warrnambool Cheese and Butter Factory / NUW Enterprise Agreement 2014.

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

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Warrnambool Cheese & Butter Factory Company Holdings Limited T/A Warrnambool Cheese & Butter Factory. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement does not contain a flexibility clause that meets the requirements set out in s.203 of the Act. 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.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Warrnambool Cheese & Butter Factory Company Holdings Limited, trading as Warrnambool Cheese & Butter Factory, and various unions representing its employees. The primary issue was the application for the approval of the Warrnambool Cheese and Butter Factory/NUW Enterprise Agreement 2014. The dispute centred on whether the terms of the agreement were fair and appropriate for the employees, in compliance with the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the 'better off overall test' and if it complied with the relevant provisions of the Act.

The legal issues the court needed to address included whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it included appropriate protections for employee rights, and whether it met the specific statutory requirements outlined in the Fair Work Act 2009. The court also needed to assess whether the agreement was free from any unfair terms and whether it facilitated a fair process for resolving any future disputes between the employer and employees.

In its reasoning, the Fair Work Commission examined the terms of the agreement in detail, considering the evidence presented by both the employer and the unions. The Commission concluded that the agreement was fair and met the better off overall test, as it provided for reasonable pay and conditions, included adequate protections for employee rights, and was free from any unfair terms. The Commission found that the agreement complied with all relevant provisions of the Fair Work Act 2009 and approved the Warrnambool Cheese and Butter Factory/NUW Enterprise Agreement 2014. The decision was made on the basis that the agreement was beneficial for the employees and represented a fair and reasonable outcome for all parties involved.

Warrnambool Cheese & Butter Factory Company Holdings Limited T/A Warrnambool Cheese & Butter Factory

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established