Saputo Dairy Australia Pty Ltd

[2019] FWCA 6712

[2019] FWCA 6712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd
(AG2019/3364)

SAPUTO DAIRY AUSTRALIA PTY LTD (VICTORIAN SITES) NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the Saputo Dairy Australia Pty Ltd (Victorian Sites) National Union of Workers Enterprise Agreement 2018.

[1] Saputo Dairy Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd (Victorian Sites) National Union of Workers Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions on 24 September 2019 as to the explanation for the late lodgment. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. 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 26 September 2019 and, in accordance with s 54, will operate from 3 October 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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