DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nature’s Dairy Australia Pty Ltd
(AG2021/5097)

NATURE’S DAIRY AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020 - 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 MAY 2021

Application for approval of the Nature’s Dairy Australia Pty Ltd Enterprise Agreement 2020 - 2023.

[1] Nature’s Dairy Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Nature’s Dairy Australia Pty Ltd Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 May 2021 and, in accordance with s 54, will operate from 25 May 2021. The nominal expiry date of the Agreement is 1 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Nature’s Dairy Australia Pty Ltd, a company operating in the dairy sector, and the union representing its employees. The dispute centred on the approval of the Enterprise Agreement between the company and its employees for the period 2020 to 2023. The Commission was tasked with determining whether the agreement should be approved, in accordance with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the Enterprise Agreement met the criteria for registration under section 175 of the Act, specifically whether it provided for a direct and immediate benefit to the employees, and whether it was free from any illegality or unfairness. Additionally, the Commission needed to consider if the agreement complied with the procedural requirements set out in the Fair Work Regulations 2009, and whether it adhered to the good faith bargaining principles.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, determined that the Enterprise Agreement did meet the legislative criteria for approval. The Commission found that the agreement provided a direct and immediate benefit to the employees, as it included provisions for pay rates, conditions, and other employment terms. Furthermore, the Commission was satisfied that the agreement was free from any illegality or unfairness and that it complied with the procedural requirements of the Act and Regulations. The Commission also noted that the bargaining process appeared to have been conducted in good faith. Consequently, the Commission approved the Enterprise Agreement for the specified period.

The final orders of the Commission included the approval of the Enterprise Agreement 2020-2023 between Nature’s Dairy Australia Pty Ltd and its employees, with the agreement to be registered with the Fair Work Commission. The decision was made on the basis that the agreement met the legislative requirements for approval and was in the best interests of the employees.

Nature’s Dairy Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established