| [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
Printed by authority of the Commonwealth Government Printer
<AE503725 PR708942>
- AGLC
- Saputo Dairy Australia Pty Ltd [2019] FWCA 3813
- Case
- [2019] FWCA 3813
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 (Cth). Specifically, the FWC needed to determine if the agreement met the criteria for being a "better off overall test" (BOOT) agreement, which required that employees be at least as well off financially and in terms of conditions, compared to their previous agreement or the applicable award. The FWC also needed to assess whether the agreement provided for a fair and reasonable process for resolving disputes and ensuring that employees were adequately represented.
The FWC found that the proposed agreement satisfied the BOOT requirements, as it provided for improved pay and conditions for the employees, which they were better off overall. The FWC also determined that the agreement contained appropriate dispute resolution mechanisms and provisions for employee representation. Consequently, the FWC approved the Saputo Dairy Australia South Australian - Milk Tanker Drivers Enterprise Agreement 2018, and it came into effect on the date of the approval. This decision provides a precedent for similar agreements in the dairy industry and highlights the importance of meeting the legal requirements for enterprise agreements in Australia.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.