Lactalis Australia

[2021] FWCA 3613

[2021] FWCA 3613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Australia
(AG2021/5623)

LACTALIS AUSTRALIA CLARENCE GARDENS - UNITED WORKERS UNION ENTERPRISE AGREEMENT –2021-2023.

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 JUNE 2021

Application for approval of the Lactalis Australia Clarence Gardens - United Workers Union Enterprise Agreement -2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Lactalis Australia Clarence Gardens - United Workers Union Enterprise Agreement -2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lactalis Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Workers’ Union 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.

[4] The Agreement was approved on 28 June 2021 and, in accordance with s.54, will operate from 5 July 2021. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE511941 PR730978>