Saputo Dairy Australia Pty Ltd

[2024] FWCA 13

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saputo Dairy Australia Pty Ltd

(AG2023/5224)

SAPUTO DAIRY AUSTRALIA PTY LTD (VICTORIAN SITES) & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER THORNTON	ADELAIDE, 1 FEBRUARY 2024

Application for approval of the Saputo Dairy Australia Pty Ltd (Victorian Sites) & United Workers Union Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd (Victorian Sites) & United Workers Union 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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement as filed contained two typographical errors at clauses 17.4 and 27(c)(ii)(E) where cross references to other clauses of the Agreement had been omitted. The parties were invited to submit a corrected, signed version of the Agreement for approval which the applicant promptly filed. Pursuant to s. 586 of the Act, I allow the above corrections to the Agreement to be made.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 8 February 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application for approval of the Saputo Dairy Australia Pty Ltd (Victorian Sites) & United Workers Union Enterprise Agreement 2023. The applicant, Saputo Dairy Australia Pty Ltd, sought approval of this agreement under section 185 of the Fair Work Act 2009. The United Workers’ Union (UWU) has also lodged a Form F18 statutory declaration indicating its desire for the agreement to cover its members, as required by section 183 of the Act. The legal issues the Commission was required to decide included whether the agreement met the requirements of sections 186, 187 and 188 of the Act and whether it correctly covered the UWU.

The Commission found that the agreement met the requirements of sections 186, 187 and 188 as relevant to this application for approval. The agreement initially contained two typographical errors that omitted cross-references to other clauses. Following the Commission's invitation, the applicant filed a corrected, signed version of the agreement. Under section 586 of the Act, the Commission allowed these corrections to be made. The Commission also noted that the UWU had properly lodged a statutory declaration under section 183 of the Act, and that the agreement covered the UWU as per section 201(2) of the Act. Therefore, the agreement was approved and will operate from 8 February 2024, with a nominal expiry date of 30 June 2026.

The Fair Work Commission approved the Saputo Dairy Australia Pty Ltd (Victorian Sites) & United Workers Union Enterprise Agreement 2023. The Commission corrected two typographical errors in the agreement and allowed these corrections to be made. The United Workers’ Union properly lodged a statutory declaration under section 183 of the Act, and the agreement was found to cover the UWU as per section 201(2) of the Act. The agreement will operate from 8 February 2024 and expire on 30 June 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established