BULLA DAIRY FOODS AND UNITED WORKERS UNION MELBOURNE OPERATIONS ENTERPRISE AGREEMENT 2025

Application for approval of the Bulla Dairy Foods and United Workers Union Melbourne Operations Enterprise Agreement 2025

[1] Regal Cream Products Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Bulla Dairy Foods and United Workers Union Melbourne Operations Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

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

• Clause 37.2.3 - Public Holiday substitution

• Clause 30.2.2 - Annual leave payment at termination

[5] However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail in regard to clause 37.2.3. In regard to clause 30.2.2, I am satisfied that the Employer's written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail.

[6] The United Workers' Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 3 March 2026. The nominal expiry date of the Agreement is 1 August 2028.

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