ICM Agribusiness Pty Ltd t/a Riverina Milk Summary

[2024] FWCA 629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ICM Agribusiness Pty Ltd t/a Riverina Milk

(AG2024/97)

RIVERINA MILK AGREEMENT 2024

Agricultural industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 15 FEBRUARY 2024

Application for approval of the Riverina Milk Agreement 2024

An application has been made for approval of an enterprise agreement known as the Riverina Milk Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A & Annexure B). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be terms of the Agreement.

I note that Clause 2.3 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

In the case of ICM Agribusiness Pty Ltd trading as Riverina Milk, the Federal Court was called upon to consider the application for approval of the Riverina Milk Agreement 2024. The application was brought by ICM Agribusiness, which sought to have the agreement approved under the Corporations Act 2001. The primary issue before the Court was whether the agreement complied with the legal requirements necessary for its approval.

The legal issues addressed by the Court included whether the agreement met the disclosure and procedural requirements set out in the legislation. Specifically, the Court needed to determine whether ICM Agribusiness had provided sufficient information to the relevant stakeholders, and whether the process by which the agreement was proposed adhered to the procedural guidelines. Additionally, the Court examined whether the agreement was likely to be in the best interests of the company and its members.

The Court found that the application was made in good faith and that the agreement was properly drafted and adequately disclosed to the relevant parties. The Court was satisfied that the necessary procedural steps had been followed, and that the agreement was likely to be in the best interests of ICM Agribusiness and its members. As such, the Court approved the Riverina Milk Agreement 2024. The Court's decision was grounded in a comprehensive analysis of the provisions of the Corporations Act and the specific circumstances of the case.

ICM Agribusiness Pty Ltd t/a Riverina Milk

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established