Saputo Dairy Australia Pty Ltd Summary

[2022] FWCA 1607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd

(AG2022/1199)

Heritage Saputo Dairy Australia Operations Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2022

Application for approval of the Heritage Saputo Dairy Australia Operations Enterprise Agreement 2021

Saputo Dairy Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Heritage Saputo Dairy Australia Operations Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Australian Workers' Union (AWU), 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) and based on its declaration, I note that the Agreement covers the AWU.

The Agreement was approved on 13 May 2022 and, in accordance with s 54, will operate from 20 May 2022. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd recently brought an application before the Fair Work Commission to have the Heritage Saputo Dairy Australia Operations Enterprise Agreement 2021 approved. The application was made by the employer seeking to formalise the terms and conditions of employment for employees within the specified enterprise. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission centred around whether the agreement satisfied the procedural requirements set out in the Fair Work Act. Specifically, the Commission needed to consider if the agreement had been made in accordance with the bargaining provisions, if the agreement had been properly certified, and whether the agreement provided for terms and conditions that were consistent with the safety net provisions of the Fair Work Act. Additionally, the Commission was required to examine if the agreement had been made free from any prohibited conduct.

The Fair Work Commission determined that the application met all the necessary requirements for approval. The agreement had been made through proper bargaining processes and was duly certified. The Commission found that the terms and conditions outlined in the agreement complied with the safety net provisions of the Fair Work Act. Moreover, the Commission was satisfied that the agreement had been made free from any prohibited conduct. Consequently, the application for the approval of the Heritage Saputo Dairy Australia Operations Enterprise Agreement 2021 was approved.

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