Jalna Dairy Foods Pty Ltd

[2020] FWCA 262

[2020] FWCA 262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jalna Dairy Foods Pty Ltd
(AG2019/4590)

JALNA DAIRY FOODS PTY LTD ENTERPRISE AGREEMENT 2019-2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 JANUARY 2020

Application for approval of the Jalna Dairy Foods Pty Ltd Enterprise Agreement 2019-2022.

[1] Jalna Dairy Foods Pty Ltd has applied for approval of a single enterprise agreement known as the Jalna Dairy Foods Pty Ltd Enterprise Agreement 2019-2022 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the Application and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant applied to correct a typographical error in the original application and a typographical error in the Agreement by filing an amended Agreement page. The bargaining representative supported these amendments. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative supported the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] Noting clause 7 of the Agreement, I am also satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] The consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[7] On the basis of the material contained in the amended application, amended Agreement page, further information provided on request of the Commission and the Undertaking, 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.

[8] The United Workers’ Union (formerly the National Union of Workers’), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[9] The Agreement was approved on 17 January 2020 and, in accordance with s.54, will operate from 24 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

[10] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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