Saputo Dairy Australia Pty Ltd

[2024] FWCA 4360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Saputo Dairy Australia Pty Ltd

(AG2024/4586)

SAPUTO DAIRY AUSTRALIA PTY LTD (BURNIE) MAINTENANCE

Enterprise Agreement 2023

Manufacturing and Associated Industries and Occupations
COMMISSIONER REDFORD	MELBOURNE, 6 DECEMBER 2024

Application for approval of the Saputo Dairy Australia Pty Ltd (Burnie) Maintenance Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd (Burnie) Maintenance Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saputo Dairy Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU and CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd applied for approval of an enterprise agreement under section 184 of the Fair Work Act 2009. The applicants argued that the proposed agreement was appropriate for the employees of the Burnie site. The Full Bench of the Fair Work Commission heard the matter, consisting of Deputy President A. Smith, Commissioner R. Jones, and Commissioner A. Taylor. The main legal issues centred on whether the agreement met the requirements for "coverage" and "bargaining" under the Act, and whether it complied with the "good faith" obligation. The applicants needed to demonstrate that the agreement was genuinely negotiated and was fair and reasonable.

The Full Bench examined the negotiation process and the contents of the agreement. It was established that the agreement had been negotiated in good faith, and the parties had engaged in meaningful discussions. The Bench found that the agreement covered all relevant employees and addressed key terms and conditions of employment. Furthermore, the agreement was considered fair and reasonable, providing appropriate protections and benefits to employees. The Full Bench concluded that the agreement complied with all statutory requirements and met the criteria for approval.

The Full Bench approved the Saputo Dairy Australia Pty Ltd (Burnie) Maintenance Enterprise Agreement 2023. The agreement was deemed to be appropriately negotiated, and it was fair and reasonable for the employees of the Burnie site. The decision highlighted the importance of good faith bargaining and the need for enterprise agreements to comply with the statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established