Richmond Dairies Pty Ltd

[2025] FWCA 2016

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Richmond Dairies Pty Ltd

(AG2025/1747)

RICHMOND DAIRIES ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER CRAWFORD	SYDNEY, 18 JUNE 2025

Application for approval of the Richmond Dairies Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Richmond Dairies Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Richmond Dairies Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australasian Meat Industry Employees Union (AMIEU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMIEU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 6 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Richmond Dairies Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was opposed by the Dairy Workers Union, which argued that the proposed agreement did not adequately address issues such as minimum wage rates, penalty rates, and leave entitlements. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission considered whether the agreement provided for minimum terms and conditions, including rates of pay and penalty rates, that were not less favourable than those set by applicable awards or the applicable minimum wage. It also had to assess whether the agreement provided for adequate leave entitlements and other conditions of employment. Additionally, the Commission was required to consider whether the agreement had been negotiated in good faith and whether it was in the best interests of the employees.

The Commission found that the proposed agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. It determined that the agreement provided for minimum terms and conditions that were not less favourable than those set by applicable awards or the applicable minimum wage. The Commission also found that the agreement provided for adequate leave entitlements and other conditions of employment. The Commission was satisfied that the agreement had been negotiated in good faith and was in the best interests of the employees.

The Commission approved the Richmond Dairies Enterprise Agreement 2025, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included changes to the leave entitlements and the introduction of a dispute resolution procedure. The modifications were made to ensure that the agreement met the requirements of the Act and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established