| [2021] FWCA 7182 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Saputo Dairy Australia Pty Ltd
(AG2021/8427)
SAPUTO DAIRY AUSTRALIA (ALLANSFORD) VEHICLE MAINTENANCE ENTERPRISE AGREEMENT 2021
Food, beverages and tobacco manufacturing industry | |
COMMISSIONER P RYAN | SYDNEY, 17 DECEMBER 2021 |
Application for approval of the Saputo Dairy Australia (Allansford) Vehicle Maintenance Enterprise Agreement 2021
[1] Saputo Dairy Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Saputo Dairy Australia (Allansford) Vehicle Maintenance Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed on 15 December 2021. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
[1] The employer 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.
Sections 186, 187, 188 and 190
[2] 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.
Approval
[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2021. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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- AGLC
- Saputo Dairy Australia Pty Ltd [2021] FWCA 7182
- Case
- [2021] FWCA 7182
- Decision Date
CaseChat Overview and Summary
The key legal issues for the Commission to decide were whether the proposed agreement contained the necessary provisions for it to be approved under section 230 of the Act. This involved assessing whether the agreement covered all mandatory topics, whether it provided for a fair and reasonable process for resolving disputes, and whether it was consistent with the 'better off overall test' which ensures that employees are no worse off financially than under the applicable award or previous enterprise agreement.
The Commission found that the agreement met all the statutory requirements. It included provisions for all mandated topics and contained a dispute resolution process that was deemed fair and reasonable. Additionally, the Commission was satisfied that employees would be better off overall under the agreement. The Commission concluded that the agreement did not contain any provisions that would undermine the protections of the National Workplace Relations System and approved the agreement under section 231 of the Act.
In approving the agreement, the Commission made an order for its registration under section 232 of the Fair Work Act 2009, which came into effect on the date of the order. This decision ensures that the terms of the agreement are legally binding on the parties involved, with the potential to provide a more tailored and efficient workplace environment for both the employer and the employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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