DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ICM Agribusiness Pty Ltd T/A Riverina Milk
(AG2016/2589)

RIVERINA MILK AGREEMENT 2015-2018

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 26 MAY 2016

Application for approval of the Riverina Milk Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Riverina Milk Agreement 2015-2018 (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 Applicant 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.

[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] 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.

[5] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 26 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ICM Agribusiness Pty Ltd, trading as Riverina Milk, sought approval of the Riverina Milk Agreement 2015-2018. This agreement aimed to establish terms and conditions for milk supply between Riverina Milk and its supplier-members. The application was made to the Fair Work Commission, which was required to determine whether the agreement would provide for fair and efficient workplace relations.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly sections pertaining to the agreement's coverage, its provisions, and its compliance with the objects of the Act. The Commission had to examine whether the agreement fairly reflected the balance of power between the parties, provided for efficient workplace relations, and adhered to procedural fairness.

The Fair Work Commission found that the Riverina Milk Agreement 2015-2018 was compliant with the statutory requirements. The Commission noted that the agreement had been developed through a process of good faith negotiation and consultation between the parties. The agreement was deemed to provide for fair and efficient workplace relations and did not unfairly disadvantage any party. Furthermore, the Commission found that the agreement adequately reflected the balance of power between Riverina Milk and its supplier-members, and it complied with the objects of the Fair Work Act 2009. Consequently, the Commission approved the Riverina Milk Agreement 2015-2018.

The Fair Work Commission's final order was the approval of the Riverina Milk Agreement 2015-2018, with the agreement to commence on the date of the Commission's decision. This approval allows the agreement to be registered and enforceable under the Fair Work Act 2009, thereby providing a clear framework for the milk supply arrangements between Riverina Milk and its supplier-members.

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