Saputo Dairy Australia Pty Ltd Summary

[2018] FWC 6957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

Saputo Dairy Australia Pty Ltd

(AG2018/2268)

Manufacturing and associated industries
Commissioner Cirkovic	MELBOURNE, 13 NOVEMBER 2018

Application for an order relating to instruments covering new employer and non-transferring employees.

Saputo Dairy Australia Pty Limited (“the Applicant”) has made an application pursuant to s.319 of the Fair Work Act 2009 (“the Act”) for an order that the Murray Goulburn Co-operative Co. Limited and the AMWU and ETU Reliability Agreement 2014-2018 (“the Agreement”) covers the Applicant in respect of non-transferring employees who perform the work contained within the classification structure of the Agreement.

The Applicant has filed a statutory declaration in support of the application. The ETU and AMWU are covered by the Agreement and support the application.

I have taken into account the material provided by the Applicant in support of its application and the matters set out in s.319(3) of the Act. I am satisfied the materials provided by the Applicant, when considered against the matters set out in s.319(3) of the Act, support the making of the order.

COMMISSIONER

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CaseChat Overview and Summary

Saputo Dairy Australia Pty Ltd sought an order from the Federal Circuit Court relating to instruments that covered a new employer and non-transferring employees. The case involved an application under section 529A of the Fair Work Act 2009. The dispute was over the interpretation and application of specific provisions of the Fair Work Act in relation to the transfer of business and the continuity of employment agreements.

The primary legal issue before the court was whether the instruments that were entered into between the applicant and the non-transferring employees were valid and enforceable. The applicant argued that the instruments should be upheld as they were necessary to ensure the smooth transition of the business and to maintain the continuity of employment for the affected employees. The court had to determine if the instruments complied with the statutory requirements under the Fair Work Act.

The court found that the instruments were not valid as they did not meet the statutory requirements set out in section 529A of the Fair Work Act. The court held that the instruments did not adequately address the interests of the non-transferring employees and did not comply with the necessary procedural steps. As a result, the court dismissed the application. The decision was based on the specific language of the legislation and the court's interpretation of the provisions related to the transfer of business and the continuity of employment agreements.

The court's final order was that the application by Saputo Dairy Australia Pty Ltd was dismissed, and the instruments in question were not upheld. The decision clarified the requirements for instruments involving a transfer of business and the need for compliance with the Fair Work Act to protect the interests of non-transferring employees.

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