Saputo Dairy Australia Pty Ltd T/A Saputo Dairy Australia

[2024] FWCA 3847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Saputo Dairy Australia Pty Ltd T/A Saputo Dairy Australia

(AG2024/3676)

SAPUTO DAIRY AUSTRALIA PTY LTD (ALLANSFORD) AND TRANSPORT WORKERS’ UNION ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 4 NOVEMBER 2024

Application for approval of the Saputo Dairy Australia Pty Ltd (Allansford) and Transport Workers’ Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Saputo Dairy Australia Pty Ltd (Allansford) and Transport Workers’ Union Enterprise Agreement 2024 (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 T/A Saputo Dairy Australia. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

The Transport Workers' Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Saputo Dairy Australia Pty Ltd, trading as Saputo Dairy Australia, and the Transport Workers’ Union. The matter before the court was an application for the approval of a proposed enterprise agreement between the parties. The application was heard in the Fair Work Commission. The legal issues that the court had to decide included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and if it was in the best interests of the employees.

The court considered the provisions of the Fair Work Act and the principles of good faith bargaining and fairness. It examined the negotiation process and the contents of the agreement to determine if it met the legal requirements. The court also assessed whether the agreement provided fair and reasonable terms for the employees, and if it had been genuinely negotiated between the parties. The Transport Workers’ Union argued that the agreement met all the necessary criteria and was in the best interests of the employees. The court found that the agreement complied with the Act and was fair and reasonable. It was satisfied that the negotiation process was genuine and that the terms of the agreement were not detrimental to the employees.

The court approved the proposed enterprise agreement, allowing it to come into effect. It determined that the agreement was fair and reasonable, and that it complied with the relevant legal requirements. The decision was based on the evidence presented and the arguments made by both parties. The court's approval was a significant step in ensuring that the employees had a fair and effective enterprise agreement in place.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established