Danone Murray Goulburn Pty Ltd

[2021] FWCA 7212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danone Murray Goulburn Pty Ltd
(AG2021/8847)

DANONE MURRAY GOULBURN PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER O'NEILL	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Danone Murray Goulburn Pty Ltd and United Workers Union Enterprise Agreement 2021

[1] Danone Murray Goulburn Pty Ltd has applied for approval of an enterprise agreement known as the Danone Murray Goulburn Pty Ltd and United Workers Union Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 clauses 17 and 21 are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 43 of the Agreement, 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 29 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Danone Murray Goulburn Pty Ltd sought approval for a new enterprise agreement, which was to be implemented with the United Workers Union. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The central issue was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was required to determine if the enterprise agreement complied with the procedural fairness requirements, including whether the agreement had been fairly negotiated, and if it contained the necessary terms and conditions as mandated by the Act. Additionally, the court examined if the agreement appropriately balanced the interests of both the employer and the employees, and if it adhered to the 'better off overall test' as per the legislation.

The Fair Work Commission approved the enterprise agreement, finding that the agreement was fairly negotiated and met all statutory requirements. The commission concluded that the proposed terms and conditions were appropriate and balanced the interests of both parties. The agreement was considered to be in the best interests of the employees and met the better off overall test. The court's decision was based on the evidence presented, which demonstrated compliance with the necessary legal standards.

The final orders of the court approved the Danone Murray Goulburn Pty Ltd and United Workers Union Enterprise Agreement 2021, effective from the date of the decision. This approval allows the new terms and conditions of employment to be implemented between the parties as per the agreed-upon provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established