DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Cheese & Butter Factory Company Holdings Ltd
(AG2018/3151)

WARRNAMBOOL CHEESE & BUTTER FACTORY COMPANY HOLDINGS LIMITED (WCB) & ELECTRICAL TRADES UNION (ETU) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 JULY 2018

Application for approval of the Warrnambool Cheese & Butter Factory Company Holdings Limited (WCB) & Electrical Trades Union (ETU) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Cheese & Butter Factory Company Holdings Limited (WCB) & Electrical Trades Union (ETU) Enterprise Agreement 2018 (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 & Butter Factory Company Holdings Ltd. The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 16.1(b) – hours of work; and

• Clause 40.7(b)(ii) - redundancy.

[3] However, noting clause 4(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[5] 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 30 July 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

Warrnambool Cheese & Butter Factory Company Holdings Limited (WCB) and the Electrical Trades Union (ETU) submitted an Enterprise Agreement 2018 to the Fair Work Commission for approval. The ETU represented employees of WCB, and the proposed agreement outlined various terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms. The application for approval was heard by the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with section 235 of the Fair Work Act 2009, which mandates that an enterprise agreement must not have the effect of preventing the achievement of the object of the Act, namely the promotion of high wages and high levels of employment through the conciliation and arbitration processes. Specifically, the Commission considered whether certain provisions of the agreement related to penalty rates and rostered days off adequately protected the interests of the employees and whether the agreement facilitated or hindered the achievement of the Act's objectives.

In assessing the application, the Commission examined the submissions from both parties and the evidence provided. It found that the proposed agreement did not unjustifiably limit the employees' access to penalty rates and rostered days off, as the provisions were designed to balance the interests of both employers and employees. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and did not prevent the achievement of high wages and employment levels. Accordingly, the Commission approved the Warrnambool Cheese & Butter Factory Company Holdings Limited (WCB) & Electrical Trades Union (ETU) Enterprise Agreement 2018.

The final orders of the Commission were that the Enterprise Agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval ensured that the agreement would govern the employment conditions of the ETU members at WCB, providing a legally binding framework for their working arrangements.

Warrnambool Cheese & Butter Factory Company Holdings Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established