Saputo Dairy Australia Pty Ltd

[2021] FWCA 6550

[2021] FWCA 6550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd
(AG2021/7995)

SAPUTO DAIRY AUSTRALIA PTY LTD AND THE AMWU AND ETU RELIABILITY AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 NOVEMBER 2021

Application for approval of the Saputo Dairy Australia Pty Ltd and the AMWU and ETU Reliability Agreement 2021

[1] Saputo Dairy Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd and the AMWU and ETU Reliability Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] While the application is generally in order, the employees were not provided with the final details of the voting arrangements seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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 and 188 as are relevant to this application for approval has been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers' Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on their declarations, I note that the Agreement covers the CEPU and the AMWU.

[5] The Agreement was approved on 4 November 2021 and, in accordance with s 54, will operate from 11 November 2021. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWCFB 318