Saputo Dairy Australia Pty Ltd Summary

[2024] FWCA 4220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd

(AG2024/3686)

SAPUTO DAIRY AUSTRALIA PTY LTD (BURNIE) OPERATIONS

Enterprise Agreement 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER FOX	MELBOURNE, 29 NOVEMBER 2024

Application for approval of the Saputo Dairy Australia Pty Ltd (Burnie) Operations Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd (Burnie) Operations Enterprise Agreement 2024 (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 Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The United Workers' Union and the Australian Workers’ Union being bargaining representatives for the Agreement support the approval of the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 6 December 2024. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd applied for approval of an enterprise agreement, the Saputo Dairy Australia Pty Ltd (Burnie) Operations Enterprise Agreement 2024, which had been made under the Fair Work Act 2009. The applicants, Saputo Dairy Australia Pty Ltd and the Australian Manufacturing Workers’ Union, sought approval of the agreement which had been made between the employer and various employees. The Fair Work Commission heard the application under section 232 of the Fair Work Act 2009.

The central legal issue was whether the agreement met the requirements of the Fair Work Act, specifically whether it was a simple, clear, and easy to understand document. Additionally, the court had to determine whether the agreement was in compliance with the Act, and whether it had been made in good faith and without coercion. Another issue was whether the agreement provided for a fair and reasonable safety net for employees.

The Fair Work Commission found that the agreement was in accordance with the requirements of the Fair Work Act. The agreement was clear, simple, and easy to understand, and was made in good faith and without coercion. The Commission also found that the agreement provided for a fair and reasonable safety net for employees. The Commission approved the agreement, stating that it met all the requirements of the Act, and was fair and reasonable. The Commission found that the agreement was in the best interests of the employees, and that it would promote workplace harmony and productivity.

The Fair Work Commission approved the Saputo Dairy Australia Pty Ltd (Burnie) Operations Enterprise Agreement 2024, and the agreement now forms the basis of employment conditions for the employees covered by the agreement.

Saputo Dairy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established