Australian Dairy Blends Pty Ltd Summary

[2016] FWCA 7297

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Dairy Blends Pty Ltd

(AG2016/5181)

AUSTRALIAN DAIRY BLENDS AND NATIONAL UNION OF

WORKERS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry

COMMISSIONER LEE

MELBOURNE, 12 OCTOBER 2016

Application for approval of the Australian Dairy Blends and 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 and 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] 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.

[3] 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.

[4] 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.
[2016] FWCA 7297

[5] The Agreement was approved on 12 October 2016 and, in accordance with s.54, will

operate from 19 October 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Dairy Blends Pty Ltd, sought the approval of an enterprise agreement with the National Union of Workers. The dispute involved the terms and conditions of employment for the workers represented by the union. The case was heard by the Fair Work Commission (FWC), which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed enterprise agreement met the requirements of the Act, including whether it provided for the employees' minimum entitlements and if it was made in good faith and without coercion. The FWC had to assess whether the agreement complied with the procedural and substantive provisions of the Act, including ensuring that the agreement was not detrimental to the employees.

The FWC examined the terms of the proposed agreement, considering whether it provided for the employees' minimum entitlements, such as the national minimum wage and safety standards. The Commission also assessed whether the agreement was made in good faith, taking into account the bargaining process and any relevant economic factors. After careful consideration, the FWC concluded that the agreement met the statutory requirements and approved it.

The FWC's decision was that the Australian Dairy Blends and National Union of Workers Enterprise Agreement 2016 was approved, and it would be registered by the Commission. The approved agreement would now govern the employment conditions of the workers represented by the union.

Australian Dairy Blends Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established