DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd
(AG2019/16)

SAPUTO DAIRY AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS DAIRY BEVERAGE CENTRE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 20 FEBRUARY 2019

Application for approval of the Saputo Dairy Australia and National Union of Workers Dairy Beverage Centre Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia and National Union of Workers Dairy Beverage Centre Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Saputo Dairy Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd sought approval of the Saputo Dairy Australia and National Union of Workers Dairy Beverage Centre Agreement 2018 from the Fair Work Commission. The applicant argued that the agreement contained appropriate terms and conditions to improve productivity and efficiency within its operations. The union contended that the agreement fairly reflected the needs and interests of its members. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The court examined whether the agreement was a "registered agreement" as defined by section 172 of the Fair Work Act 2009. It assessed whether the agreement had been negotiated in good faith, whether it contained certain mandatory terms, and whether it was in the best interests of the employees. The court also considered whether the agreement provided for proper dispute resolution mechanisms and if it complied with other statutory requirements.

The Fair Work Commission found that the agreement was a registered agreement as it was negotiated in good faith, contained the mandatory terms, and was in the best interests of the employees. The court concluded that the agreement provided for adequate dispute resolution mechanisms and complied with all statutory requirements. Therefore, the court approved the Saputo Dairy Australia and National Union of Workers Dairy Beverage Centre Agreement 2018.

The Fair Work Commission approved the Saputo Dairy Australia and National Union of Workers Dairy Beverage Centre Agreement 2018, effective from the date of the decision. The agreement was registered with the Fair Work Commission, and the parties were bound by its terms. The decision was final and binding on both parties and could not be appealed.

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