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

CaseChat Overview and Summary

In the Fair Work Commission, Lactalis Australia sought approval for a proposed enterprise agreement with the Clarence Gardens-United Workers Union. The proposed agreement was for the period 2021-2023 and included provisions related to wages, hours of work, leave entitlements, and other employment conditions. The dispute primarily revolved around whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues the Commission had to address included whether the agreement complied with the requirements of the Fair Work Act, particularly sections concerning the avoidance of undue hardship and the treatment of employees fairly and equitably. The Union contended that the proposed agreement unfairly disadvantaged employees, particularly in terms of leave entitlements and wages. Lactalis Australia argued that the agreement was necessary to maintain business efficiency and competitiveness.

The Commission carefully examined the provisions of the proposed agreement against the statutory benchmarks. It found that while some aspects of the agreement were contentious, they did not breach the legal standards set out in the Fair Work Act. The Commission concluded that the proposed agreement did not impose undue hardship on the employees and was fair and equitable in its terms. Consequently, the application for approval was granted. The final orders included the approval of the Lactalis Australia Clarence Gardens - United Workers Union Enterprise Agreement - 2021-2023, effective from the date of the decision.

Lactalis Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established