DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd
(AG2019/3896)

SAPUTO DAIRY AUSTRALIA PTY LTD (SMITHTON) ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 NOVEMBER 2019

Application for approval of the Saputo Dairy Australia Pty Ltd (Smithton) Enterprise Agreement 2019

[1] Saputo Dairy Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd (Smithton) Enterprise Agreement 201 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 November 2019 and, in accordance with s 54, will operate from 13 November 2019. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd applied to the Fair Work Commission for approval of the Saputo Dairy Australia Pty Ltd (Smithton) Enterprise Agreement 2019. The application followed a negotiation process under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers’ Union, which represented some of the employees affected by the agreement.

The central legal issue before the Commission was whether the agreement met the requirements for approval under section 231 of the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for terms and conditions that were at least as favourable as the applicable award or safety net and if it complied with the good faith bargaining requirements. The Commission also needed to assess if the agreement contained provisions that were not contrary to public policy.

The Commission found that the agreement satisfied the statutory requirements for approval. It determined that the agreement provided for terms and conditions that were at least as favourable as the applicable award, the Modern Awards, or the safety net. The Commission concluded that the agreement had been made in good faith and did not contain any provisions that were contrary to public policy. Consequently, the application for approval was granted.

The Fair Work Commission approved the Saputo Dairy Australia Pty Ltd (Smithton) Enterprise Agreement 2019, effective from the date of the Commission's decision. The approval ensures that the agreement's terms and conditions will apply to the relevant employees, subject to the provisions of the Fair Work Act and any applicable awards or safety net provisions.

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