Saputo Dairy Australia (Pty) Limited

[2020] FWCA 4038

[2020] FWCA 4038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia (Pty) Limited
(AG2020/2013)

SAPUTO DAIRY AUSTRALIA (PTY) LIMITED MILK COLLECTION EMPLOYEES AND TRANSPORT WORKERS’ UNION ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 AUGUST 2020

Application for approval of the Saputo Dairy Australia (Pty) Limited Milk Collection Employees and Transport Workers’ Union Enterprise Agreement 2019.

[1] Saputo Dairy Australia (Pty) Limited has applied for approval of a single enterprise agreement known as the Saputo Dairy Australia (Pty) Limited Milk Collection Employees and Transport Workers’ Union Enterprise Agreement 2019 (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, whether 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 sought to correct an error in the original application, by filing two amended Agreement signature pages. 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] Noting clause 4 of the Agreement, I am 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.

[5] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative did not oppose 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.

[6] On the basis of the material contained in the amended application, 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.

[7] The Transport Workers’ Union of Australia, 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.

[8] The Agreement was approved on 3 August 2020 and, in accordance with s.54, will operate from 10 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Annexure A