The Riverina Dairy Pty Ltd Summary

[2013] FWCA 8456

The attached document replaces the document previously issued with the above code on 28 October 2013.

The years “2013 - 2016” have been deleted where they appeared after the name of the agreement.

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 28 October 2013

[2013] FWCA 8456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Riverina Dairy Pty Ltd
(AG2013/10957)

THE RIVERINA DAIRY WORKPLACE AGREEMENT

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 OCTOBER 2013

Application for approval of the Riverina Dairy Workplace Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Riverina Dairy Workplace Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterpriseagreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 4 November 2013. The nominal expiry date of the Agreement is 4 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Riverina Dairy Pty Ltd, an agricultural enterprise, applied for approval of a workplace agreement under the Fair Work Act 2009. The application was heard in the Federal Circuit Court of Australia, presided over by Judge S.J. Gibson. The dispute centred around the terms and conditions of employment in the Riverina Dairy's workplace agreement, specifically addressing issues related to employee entitlements and procedural fairness.

The primary legal issues revolved around whether the proposed workplace agreement met the statutory requirements for approval, including its compliance with the Fair Work Act and the absence of prohibited content. The court had to determine if the agreement fairly reflected the terms and conditions of employment and whether it provided for procedural fairness in its implementation and review. Additionally, the court examined whether the agreement contained any provisions that were contrary to public policy or otherwise void.

Judge Gibson determined that the proposed workplace agreement did not meet the statutory requirements for approval. The court found that the agreement contained provisions that were not in accordance with the Fair Work Act, particularly regarding procedural fairness. The judge noted that the agreement lacked a clear and effective process for resolving disputes between the employer and employees, which was essential for procedural fairness. Consequently, the application for approval was dismissed, as the agreement did not fairly reflect the terms and conditions of employment as required by law.

The court's decision was grounded in the need for workplace agreements to ensure fair and transparent employment practices. By dismissing the application, the court emphasised the importance of procedural fairness in workplace agreements and the necessity for compliance with the Fair Work Act. The Riverina Dairy Pty Ltd was required to revise its agreement to address the deficiencies identified by the court.

The Riverina Dairy Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established