Saputo Dairy Australia Pty Ltd Summary

[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

1 [2019] FWCFB 318

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd, along with the Australian Manufacturing Workers' Union (AMWU) and the Electrical Trades Union (ETU), sought approval for the Saputo Dairy Australia Pty Ltd and the AMWU and ETU Reliability Agreement 2021. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the proposed reliability agreement should be approved, considering the compliance with relevant legislative requirements and the balance between the rights of employers and employees.

The court considered the provisions of the Fair Work Act 2009, which mandates that a reliability agreement must be approved if it meets specific criteria, including not undermining the right of employees to strike and ensuring that the agreement provides for a fair process for determining reliability. The court examined the terms of the agreement, including the process for assessing employee reliability, the conditions under which an employee could be deemed unreliable, and the rights of employees to challenge such assessments. The court also assessed whether the agreement provided adequate protections for employees, ensuring that it did not overly restrict their rights or impose unreasonable burdens.

After reviewing the agreement and the submissions from both parties, the court determined that the proposed reliability agreement complied with the statutory requirements. The court found that the agreement provided a fair and transparent process for determining employee reliability and included adequate protections for employees to challenge any adverse reliability determinations. The court concluded that the agreement did not undermine the right of employees to strike and that it represented a fair balance between the rights of employers and employees. Therefore, the court approved the Saputo Dairy Australia Pty Ltd and the AMWU and ETU Reliability Agreement 2021.

The final orders of the court included the approval of the reliability agreement, subject to certain conditions that were outlined to ensure ongoing compliance with the Fair Work Act 2009. The agreement was to be implemented as per the terms outlined in the approved document, and both parties were required to adhere to the conditions set by the court to maintain compliance with the relevant legislation.

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