Saputo Dairy Australia Pty Ltd Summary

[2024] FWCA 1568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Saputo Dairy Australia Pty Ltd

(AG2024/1249)

SAPUTO DAIRY AUSTRALIA PTY LTD AND UNITED WORKERS UNION DAIRY BEVERAGE CENTRE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 30 APRIL 2024

Application for approval of the Saputo Dairy Australia Pty Ltd and United Workers Union Dairy Beverage Centre Agreement 2023

An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd and United Workers Union Dairy Beverage Centre 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 Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 30 April 2024 and, in accordance with s 54, will operate from 7 May 2024. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The application for approval of the Saputo Dairy Australia Pty Ltd and United Workers Union Dairy Beverage Centre Agreement 2023 was heard in the Fair Work Commission. The dispute concerned the negotiation and approval of a workplace agreement between Saputo Dairy Australia Pty Ltd and the United Workers Union Dairy Beverage Centre. The agreement sought to regulate various aspects of employment, including wages, conditions of employment, and other terms and conditions that would apply to the workforce of Saputo Dairy Australia Pty Ltd.

The central legal issues addressed by the Commission involved whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was genuinely negotiated, free from coercion, and met the procedural requirements for approval. Additionally, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with any applicable awards or agreements that might supersede its provisions.

In determining the approval of the agreement, the Commission examined the process of negotiation, the content of the agreement, and the compliance with statutory requirements. The Commission found that the negotiation process was genuine and free from any undue influence or coercion. The terms of the agreement were considered fair and reasonable, providing for adequate protections and benefits for the employees. Furthermore, the Commission determined that the agreement complied with all relevant statutory provisions and did not conflict with any existing awards or agreements. Based on these findings, the Commission approved the agreement.

The final orders of the Commission were that the Saputo Dairy Australia Pty Ltd and United Workers Union Dairy Beverage Centre Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission’s decision and would apply to all employees of Saputo Dairy Australia Pty Ltd 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