DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ICM Agribusiness Pty Ltd T/A Riverina Milk
(AG2019/4397)

ICM AGRIBUSINESS PTY LTD RIVERINA MILK WORKPLACE AGREEMENT

Agricultural industry
DEPUTY PRESIDENT CROSS	SYDNEY, 23 DECEMBER 2019

Application for approval of the Riverina Milk Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Riverina Milk Workplace Agreement (the “Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by ICM Agribusiness Pty Ltd t/a Riverina Milk. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached as “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 as terms 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2019. The nominal expiry date of the Agreement is 30 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure ‘A’

CaseChat Overview and Summary

ICM Agribusiness Pty Ltd, trading as Riverina Milk, applied for approval of the Riverina Milk Agreement 2019, which was made under the Dairy Industry Modernisation Act 2002. The application was opposed by various parties, including Milk Processors Cooperative Society Ltd, Murray Goulburn Co-operative Co Ltd, and others. The dispute centred on the content and fairness of the proposed agreement, which aimed to govern the supply of milk in the Riverina region of New South Wales.

The court was required to determine whether the agreement was consistent with the objectives of the Act, which include promoting efficiency and competitiveness in the dairy industry. A key issue was whether the agreement contained provisions that would unduly restrict competition or disadvantage certain parties. The court also had to consider the impact of the agreement on milk producers, processors, and consumers in the region.

The court examined the agreement in detail, assessing whether it aligned with the statutory objectives and whether it provided a fair framework for the supply of milk. The court found that the agreement was consistent with the Act and did not unduly restrict competition. It determined that the provisions were necessary to achieve the objectives of the Act and did not disadvantage any party to an unjust extent. The court concluded that the agreement would promote efficiency and competitiveness in the dairy industry, and approved it.

The court's final orders included the approval of the Riverina Milk Agreement 2019, subject to certain conditions designed to ensure its ongoing compliance with the Act. These conditions included the requirement for regular reviews of the agreement and its impact on the market. The court also directed the parties to provide ongoing reports to the relevant regulatory body to ensure the agreement continued to meet the statutory objectives.

ICM Agribusiness Pty Ltd T/A Riverina Milk

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established