DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Cheese & Butter Factory Company Holdings Ltd
(AG2017/4368)

WARRNAMBOOL CHEESE AND BUTTER FACTORY COMPANY HOLDINGS LIMITED AND THE TRANSPORT WORKERS UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER LEE	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Warrnambool Cheese and Butter Factory Company Holdings Limited and the Transport Workers Union of Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Cheese and Butter Factory Company Holdings Limited and the Transport Workers Union of Australia 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 & Butter Factory Company Holdings Ltd. 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] The Transport Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Warrnambool Cheese & Butter Factory Company Holdings Ltd, sought approval of an enterprise agreement with the Transport Workers Union of Australia. The dispute came before the Fair Work Commission, which was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The union argued that the agreement was fair and reasonable, while the company maintained that certain provisions were problematic.

The central legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Act. This required the Commission to examine the fairness and reasonableness of the agreement's terms, including its procedural fairness, and whether it contained a "no disadvantage" clause. The company contended that certain provisions were not in accordance with the Act, while the union argued that the agreement was fair and reasonable.

In delivering its decision, the Commission found that the agreement was procedurally fair and contained a "no disadvantage" clause, thereby satisfying the requirements of section 231 of the Act. The Commission noted that the agreement had been the subject of extensive bargaining between the parties, and that the union had provided comprehensive submissions in support of the agreement. While the company had raised concerns about certain provisions, the Commission found that these did not undermine the overall fairness and reasonableness of the agreement. Accordingly, the Commission approved the agreement.

The Commission's decision was final and binding, and the agreement was approved as a registered instrument under the Act. The company and the union were required to take all necessary steps to give effect to the agreement, and to comply with its terms. The Commission's decision provides important guidance for employers and unions on the requirements for approving enterprise agreements under the Fair Work Act.

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