DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd
(AG2020/117)

SAPUTO DAIRY AUSTRALIA VEHICLE MAINTENANCE EMPLOYEES AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 18 MARCH 2020

Application for approval of the Saputo Dairy Australia Vehicle Maintenance Employees Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia Vehicle Maintenance Employees Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saputo Dairy Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 25 March 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd was the subject of an application for the approval of the Saputo Dairy Australia Vehicle Maintenance Employees Agreement 2019 before the Fair Work Commission. The application was brought by the company itself, which sought to have the agreement registered as a single-employer enterprise agreement. The nature of the dispute centred on whether the agreement met the criteria for registration under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement and whether it complied with the requirements for registration. The Commission needed to consider if the agreement had been made in good faith and if it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission had to assess whether the agreement had been appropriately certified by an independent certifier.

The Commission found that the Saputo Dairy Australia Vehicle Maintenance Employees Agreement 2019 met all the statutory requirements for registration. It was determined to be a genuine enterprise agreement made in good faith and contained all the minimum terms and conditions mandated by the Fair Work Act. The agreement was also certified by an independent certifier, thus fulfilling the legal prerequisites. Consequently, the Commission approved the agreement, and it was registered as a single-employer enterprise agreement.

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