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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd recently sought approval for the Saputo Dairy Australia (Milk Lel) - Milk Tanker Drivers Enterprise Agreement 2021 before the Fair Work Commission. The applicant argued that the proposed agreement was intended to replace the existing Milk Tanker Drivers Enterprise Agreement 2017 and aimed to address various issues affecting the working conditions of milk tanker drivers.

The primary legal issues before the commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, including compliance with the good faith bargaining provisions, and whether the agreement was sufficiently in the best interests of the employees. The commission also had to consider whether the agreement would provide a fair and reasonable outcome for the employees and whether there were any unfair provisions that needed to be removed.

The commission examined the bargaining process, the content of the proposed agreement, and the submissions made by the parties. It found that the applicant had engaged in good faith bargaining with the relevant union, and that the agreement was fair and reasonable for the employees. The commission noted that the proposed agreement included various improvements to working conditions, such as increased pay rates, better shift patterns, and improved leave entitlements. The commission concluded that the proposed agreement met the requirements of the Fair Work Act 2009 and approved the agreement.

The commission's decision was significant as it provided a clear framework for the approval of enterprise agreements that replace existing agreements. The decision also highlighted the importance of good faith bargaining and the need for agreements to provide fair and reasonable outcomes for employees. The approval of the Saputo Dairy Australia (Milk Lel) - Milk Tanker Drivers Enterprise Agreement 2021 was a positive outcome for both the employer and the employees, as it provided a more modern and equitable agreement that addressed the needs of the workforce.

Saputo Dairy Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established