Saputo Dairy Australia Pty Ltd

[2021] FWCA 3725

[2021] FWCA 3725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd
(AG2021/5769)

SAPUTO DAIRY AUSTRALIA (MIL LEL) - MILK TANKER DRIVERS ENTERPRISE AGREEMENT 2021

Miscellaneous
COMMISSIONER PLATT	ADELAIDE, 30 JUNE 2021

Application for approval of the Saputo Dairy Australia (Mil Lel) - Milk Tanker Drivers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia (Mil Lel) - Milk Tanker Drivers Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Saputo Dairy Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 June 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 29 June 2021. The undertaking deals with the following topic:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

[4] No bargaining representatives were appointed.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] There is one NES issue which requires comment.

[7] Clause 16.4 of the Agreement, which deals with abandonment of employment, appears to be inconsistent with s.117 of the Act. As a result of the NES precedence clause contained in the undertaking provided by the Applicant, the employer must not terminate an employee’s employment unless the employer has given notice or payment in lieu of notice in line with s.117 of the Act.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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