Saputo Dairy Australia Pty Ltd

[2022] FWCA 1322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd

(AG2022/986)

Saputo Dairy Australia Pty Ltd (Allansford) and Transport Workers Union Enterprise Agreement 2020

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 14 APRIL 2022

Application for the approval of Saputo Dairy Australia Pty Ltd (Allansford) and Transport Workers Union Enterprise Agreement 2020

An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd (Allansford) and Transport Workers Union Enterprise Agreement 2020 (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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2022. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd, the employer, sought approval for the Saputo Dairy Australia Pty Ltd (Allansford) and Transport Workers Union Enterprise Agreement 2020. The application was heard by the Fair Work Commission, which had to determine whether the agreement complied with the Fair Work Act 2009. The Transport Workers Union, representing the employees, contested the application on several grounds, arguing that the agreement failed to meet certain legal requirements and standards.

The legal issues that the Commission was required to decide included whether the agreement had been made in good faith and whether it contained minimum terms and conditions as required by the Act. The Commission also had to consider whether the agreement provided for proper processes for resolving disputes and whether it complied with the relevant provisions of the Fair Work Regulations 2009.

The Fair Work Commission determined that the agreement had been made in good faith and contained the necessary minimum terms and conditions. The Commission found that the agreement provided for appropriate processes for resolving disputes and was compliant with the relevant provisions of the Fair Work Regulations. The Commission approved the agreement, subject to certain conditions, including the requirement that the employer provide additional information to the Commission within a specified timeframe. The Transport Workers Union's objections were dismissed, and the agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established