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.

[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 case involves Australian Dairy Blends Pty Ltd and the National Union of Workers, with the dispute centering on the approval of the Australian Dairy Blends and National Union of Workers Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The core legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the mandatory terms and provisions required by the Act and whether it had been negotiated in good faith.

In examining the agreement, the court considered several factors, including the terms of the agreement, the bargaining process, and the compliance with statutory requirements. The court assessed whether the agreement contained all the mandatory terms set out in the Fair Work Act, including minimum wages and conditions, and whether it was made without coercion or undue influence. The court also evaluated the evidence provided by both parties regarding the negotiation process to ensure that it was conducted in good faith.

The court found that the agreement met all the statutory requirements and had been negotiated in good faith. The agreement contained all the mandatory terms and provisions stipulated by the Act. Furthermore, the evidence demonstrated that the negotiation process was fair and transparent. Consequently, the court approved the Australian Dairy Blends and National Union of Workers Enterprise Agreement 2016. The final orders included the approval of the enterprise agreement, effective from the date of the decision.

Australian Dairy Blends Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established