The Trustee For The Riverina Cheese Unit Trust T/A Riverina Dairy Co
[2022] FWCA 2392
•20 JULY 2022
| [2022] FWCA 2392 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Trustee For The Riverina Cheese Unit Trust T/A Riverina Dairy Co
(AG2022/2338)
Riverina Dairy Enterprise Agreement 2022
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 20 JULY 2022 |
Application for approval of the Riverina Dairy Enterprise Agreement 2022
Riverina Dairy Co has applied for approval of an enterprise agreement known as the Riverina Dairy Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The agreement title in the Notice of Representational Rights (NERR) distributed to employees is slightly different to the agreement title in clause 1 of the Agreement. Further, some employees may not have been provided with details of the vote at the start of the access period as required by s.180(3) of the Act. However, considering that all employees cast a valid vote, I am satisfied the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of s.180(3) and the minor technical departure from the NERR requirements under s.174, and that the employees covered by the Agreement were not likely to have been disadvantaged by these errors. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
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Annexure A
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