[2016] FWCA 2171

The attached document replaces the document previously issued with the above code on 6 April 2016

Reference number has been rectified

Member Support

Dated 13 April 2016

[2016] FWCA 2171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Richmond Dairies Pty Ltd
(AG2016/2546)

RICHMOND DAIRIES ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	SYDNEY, 6 APRIL 2016

Application for approval of the Richmond Dairies Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Richmond Dairies Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Richmond Dairies Pty Ltd. The Agreement is a single enterprise agreement.

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

[5] 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.

[6] The Agreement was approved on 6 April 2016 and, in accordance with s.54, will operate from 13 April 2016. The nominal expiry date of the Agreement is 13 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Richmond Dairies Pty Ltd, the applicant, applied to the Fair Work Commission for the approval of the Richmond Dairies Enterprise Agreement 2016. The respondents, including various unions and individual employees, opposed the application, raising concerns about the agreement's provisions. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement met the legal criteria for approval.

The key legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it adhered to the principles of procedural fairness and good faith bargaining. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided for appropriate mechanisms for dispute resolution.

The Commission found that the agreement did not include all the mandated terms and conditions, and it contained provisions that were contrary to the principles of good faith bargaining. The applicant had not demonstrated that the agreement was in the best interests of the employees and had not provided for appropriate mechanisms for dispute resolution. The Commission held that the agreement did not comply with the legal criteria for approval and dismissed the application.

The Fair Work Commission dismissed the application for approval of the Richmond Dairies Enterprise Agreement 2016. The Commission ordered that the agreement remain unregistered and that the applicant take all necessary steps to rectify the deficiencies identified in the decision. The Commission also ordered that the applicant provide a report to the Commission within 30 days of the decision, detailing the steps taken to address the issues raised.

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