DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Cheese & Butter Factory Company Holdings Ltd
(AG2017/4235)

WARRNAMBOOL CHEESE AND BUTTER EVERYDAY CHEESE (WCB EDC) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017.

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Warrnambool Cheese and Butter Everyday Cheese (WCB EDC) & National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Cheese and Butter Everyday Cheese (WCB EDC) & National Union of Workers 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] 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Warrnambool Cheese & Butter Factory Company Holdings Ltd was the subject of an application for the approval of a specific enterprise agreement, namely, the Warrnambool Cheese and Butter Everyday Cheese (WCB EDC) & National Union of Workers Enterprise Agreement 2017. The applicant, Warrnambool Cheese & Butter Factory Company Holdings Ltd, sought to implement this agreement, which aimed to regulate the terms and conditions of employment for the employees covered by it. The dispute arose as the National Union of Workers challenged the fairness and appropriateness of certain provisions in the agreement.

The primary legal issues the court had to address were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it had been fairly and appropriately negotiated. The court needed to ensure that the agreement met the requirements of procedural fairness and did not contain any unfair content. In particular, the court had to assess if the agreement had been made free from any improper influence or coercion and if it provided for a proper process for resolving any disputes arising under it.

The court examined the evidence and submissions from both parties and concluded that the enterprise agreement complied with the relevant statutory provisions. The court found that the agreement had been negotiated in good faith and without any improper influence or coercion. It also found that the agreement provided for a proper process for resolving disputes, which was in line with the requirements of the Fair Work Act. The court determined that the agreement was fair and appropriate, and thus granted the approval sought by the applicant. The agreement was approved as a registered agreement 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