DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Riverina Dairy Pty Ltd T/A The Riverina Dairy
(AG2016/6993)

RIVERINA DAIRY WORKPLACE AGREEMENT 2016 - 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Riverina Dairy Workplace Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Riverina Dairy Workplace Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Riverina Dairy Pty Ltd T/A The Riverina Dairy. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2017. The nominal expiry date of the Agreement is 12 February 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Riverina Dairy Pty Ltd, trading as The Riverina Dairy, applied for the approval of the Riverina Dairy Workplace Agreement 2016-2019. The application was heard in the Fair Work Commission, which is responsible for overseeing the approval of workplace agreements under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement met the criteria for approval under the Fair Work Act, including whether it was genuinely agreed upon by both parties and whether it provided for the minimum entitlements of employees.

The court examined the process through which the agreement was negotiated and the evidence provided by both parties. The Riverina Dairy argued that the agreement was the result of genuine bargaining and that it provided for fair and reasonable terms and conditions of employment. The union representing the employees contended that the agreement did not adequately protect the employees' interests and that it failed to meet the requirements of the Fair Work Act. The court considered the evidence and submissions from both parties, focusing on the process of negotiation, the fairness of the terms, and whether the agreement met the statutory criteria for approval.

The Fair Work Commission found that the agreement was genuinely negotiated and that it provided for the minimum entitlements required by the Fair Work Act. The court was satisfied that the process of negotiation was fair and that the terms of the agreement were reasonable. The commission concluded that the agreement met all the statutory criteria for approval and granted the application for approval of the Riverina Dairy Workplace Agreement 2016-2019. This decision ensures that the agreement will be legally binding and enforceable between the parties.

The Riverina Dairy Pty Ltd T/A The Riverina Dairy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established