Australian Dairy Blends Pty Ltd

[2020] FWCA 383

[2020] FWCA 383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Dairy Blends Pty Ltd
(AG2019/4566)

AUSTRALIAN DAIRY BLENDS & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2020

Application for approval of the Australian Dairy Blends & National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Dairy Blends & National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Dairy Blends Pty Ltd. 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, 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 United Workers’ Union 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10.5 – Probationary Period

•  Clause 10.6 - Notice of termination by Company

•  Clause 10.7 – Notice of termination by employee

•  Clause 23.2 – Annual Leave

•  Clause 24 – Personal Leave

•  Clause 27 – Maternity Leave

•  Clause 28 – Paternity Leave

•  Clause 29 – Adoption Leave

However, noting clause 3 of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2020. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

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<AE506861  PR716157>

Annexure A