Saputo Dairy Australia Pty Ltd

[2019] FWCA 3813

[2019] FWCA 3813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd
(AG2019/704)

SAPUTO DAIRY AUSTRALIA SOUTH AUSTRALIAN - MILK TANKER DRIVERS ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 3 JUNE 2019

Application for approval of the Saputo Dairy Australia South Australian - Milk Tanker Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia South Australian - Milk Tanker Drivers Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Saputo Dairy Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 May 2019.

[3] On 24 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 30 May 2019. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  For the purposes of clause 18.3 of the Agreement, part-time employees who work in excess of their ordinary hours will receive overtime rates in accordance with clause 26 of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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