The Trustee for the Riverina Cheese Unit Trust trading as Riverina Dairy Co

[2025] FWCA 3013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

The Trustee for the Riverina Cheese Unit Trust trading as Riverina Dairy Co

(AG2025/2831)

RIVERINA DAIRY ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 5 SEPTEMBER 2025

Application for approval of the Riverina Dairy Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Riverina Dairy Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for the Riverina Cheese Unit Trust trading as Riverina Dairy Co (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 3 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The United Workers Union (UWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU and AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for the Riverina Cheese Unit Trust, trading as Riverina Dairy Co, applied for the approval of the Riverina Dairy Enterprise Agreement 2025. The application was brought by the employer, Riverina Dairy Co, which sought to have the enterprise agreement, which was negotiated with the relevant trade union, approved. The union representing the employees, the Australian Manufacturing Workers Union, did not oppose the application but made submissions on the proposed agreement's terms and conditions.

The legal issues before the Commission were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009 and whether it provided for the fair and efficient operation of the enterprise. The Commission needed to determine if the agreement contained all the required terms and conditions and if it complied with the requirements of the Fair Work Act. The Commission also had to consider whether the agreement would provide for the fair and efficient operation of the enterprise.

After considering the submissions and evidence presented by both parties, the Commission approved the Riverina Dairy Enterprise Agreement 2025. The Commission found that the agreement met all the criteria for approval and contained all the required terms and conditions. The Commission also found that the agreement would provide for the fair and efficient operation of the enterprise and that it was in the best interests of the employees and the employer. The Commission approved the agreement on the basis that it provided for the fair and efficient operation of the enterprise and met the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established