Saputo Dairy Australia Pty Ltd Summary

[2022] FWCA 1980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd

(AG2022/1712)

Saputo Dairy Australia Pty Ltd and United Workers Union Dairy Beverage Centre Agreement 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 17 JUNE 2022

Application for approval of the Saputo Dairy Australia Pty Ltd and United Workers Union Dairy Beverage Centre Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd and United Workers Union Dairy Beverage Centre Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saputo Dairy Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.
The United Workers’ 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd, an employer, sought approval of a new workplace agreement from the Fair Work Commission (FWC). The United Workers Union, representing the employees, did not oppose the application. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the FWC needed to address were whether the agreement was made in good faith, whether it provided for a safety net of minimum wages and conditions, and whether it was fairly negotiated. Additionally, the FWC had to determine if the agreement was in the best interests of the employees and if it provided for the proper administration of the workplace.

In reaching its decision, the FWC considered the submissions of both parties, along with the content of the proposed agreement. The FWC noted that the agreement provided for a safety net of minimum wages and conditions, which was consistent with the legislative framework. It also found that the agreement was made in good faith and that the process of negotiation was fair. The FWC concluded that the agreement was in the best interests of the employees and provided for the proper administration of the workplace. Accordingly, the FWC approved the Saputo Dairy Australia Pty Ltd and United Workers Union Dairy Beverage Centre Agreement 2021.

The FWC's final order was that the proposed agreement be approved and registered with the Fair Work Commission. The agreement will now serve as the basis for the terms and conditions of employment for the employees covered by the agreement.

Saputo Dairy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established