DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Richmond Dairies Pty Ltd
(AG2019/774)

RICHMOND DAIRIES ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 APRIL 2019

Application for approval of the Richmond Dairies Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Richmond Dairies Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Richmond Dairies Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement lodged contained an error at Clauses 5 and 18.6.2. On 9 April 2019, the Applicant filed amended pages of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] I note that Clauses 15.3 and 18.6.4 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 5 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Richmond Dairies Pty Ltd was the subject of an application for the approval of the Richmond Dairies Enterprise Agreement 2019. The matter was heard in the Fair Work Commission (FWC). The dispute centred on whether the agreement, which was proposed by the employer, met the requirements set out under the Fair Work Act 2009. The key issues for the FWC to consider were whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the mandatory provisions of the Act.

The FWC carefully examined the provisions of the proposed agreement, assessing them against the statutory criteria. The Commission considered the fairness of the terms and the balance achieved between the rights and interests of both employers and employees. It also evaluated whether the agreement included all the mandatory minimum terms specified in the Fair Work Act. The FWC paid particular attention to the procedural fairness in the negotiation process and the extent to which the agreement facilitated a productive workplace. The Commission found that the agreement met the necessary legal standards, ensuring it provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the FWC concluded that the Richmond Dairies Enterprise Agreement 2019 was fair and reasonable, and it approved the agreement. The FWC found that the agreement did not contravene any provisions of the Fair Work Act and that it was in line with the mandatory minimum terms. The approval was based on the comprehensive negotiation process and the balance achieved between the parties' interests. The FWC's decision was final and binding, ensuring that the agreement would govern the employment conditions for the relevant employees.

Richmond Dairies 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