DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd
(AG2018/5919)

SAPUTO DAIRY AUSTRALIA PTY LTD AND THE AMWU AND ETU RELIABILITY AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2019

Application for approval of the Saputo Dairy Australia Pty Ltd and the AMWU and ETU Reliability Agreement 2018.

[1] Saputo Dairy Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd and the AMWU and ETU Reliability 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 and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 12 April 2019 and, in accordance with s 54, will operate from 19 April 2019. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Australian Manufacturing Workers’ Union (AMWU) and the Electrical Trades Union (ETU). The applicants sought to amend their existing enterprise agreement, the Saputo Dairy Australia Pty Ltd Enterprise Agreement 2014, to become the Saputo Dairy Australia Pty Ltd and the AMWU and ETU Reliability Agreement 2018. The applicants argued that the proposed changes were necessary to address issues of flexibility and productivity. The Australian Manufacturing Workers’ Union and the Electrical Trades Union supported the application. The Australian Manufacturing Workers’ Union submitted that the proposed changes would support the retention of jobs and the growth of the business.

The legal issues before the Fair Work Commission were whether the proposed changes to the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. The Commission considered whether the changes provided for fair and efficient workplace relations and were made in good faith. The Commission also considered whether the changes were made in accordance with the requirements of section 228 of the Act. The Commission had to ensure that the proposed changes did not undermine the protections provided to employees under the National Employment Standards.

The Fair Work Commission found that the proposed changes to the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. The Commission was satisfied that the changes were made in good faith and provided for fair and efficient workplace relations. The Commission found that the changes were necessary to address issues of flexibility and productivity and would not undermine the protections provided to employees under the National Employment Standards. The Commission approved the proposed changes to the enterprise agreement.

The Fair Work Commission approved the proposed changes to the enterprise agreement, the Saputo Dairy Australia Pty Ltd and the AMWU and ETU Reliability Agreement 2018. The Commission found that the changes met the requirements of section 230 of the Fair Work Act 2009 and would not undermine the protections provided to employees under the National Employment Standards. The changes were made in good faith and provided for fair and efficient workplace relations. The Commission was satisfied that the changes were necessary to address issues of flexibility and productivity.

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