DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Australia Ltd
(AG2021/4667)

LACTALIS AUSTRALIA LTD - CLARENCE GARDENS – UNITED WORKERS UNION & CEPU ENTERPRISE AGREEMENT 2021 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2021

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

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

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 22 April 2021 and, in accordance with s 54, will operate from 29 April 2021. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lactalis Australia Ltd applied for the approval of its Enterprise Agreement with the Clarence Gardens – United Workers Union & CEPU. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission heard the matter and had to decide whether the agreement was appropriate for approval. The Commission considered the fairness test, the public interest, and whether the agreement met the requirements of the Act.

The key legal issue before the Commission was whether the agreement met the ‘better off overall test’ under section 230(2) of the Act. The Commission needed to consider whether the proposed terms and conditions of employment in the agreement would be better for the employees than what they would have under the applicable awards. The Commission also had to ensure that the agreement did not undermine the public interest and met all the requirements of the Act.

The Commission found that the agreement met the ‘better off overall test’ and was fair and reasonable in all its terms. The Commission noted that the agreement provided for improved wages and conditions for employees, which would be better off overall than what they would receive under the applicable awards. The Commission also found that the agreement did not undermine the public interest and met all the requirements of the Act. The Commission approved the agreement and made the necessary orders under section 232 of the Act.

The Commission ordered that the Lactalis Australia Ltd - Clarence Gardens – United Workers Union & CEPU Enterprise Agreement 2021 - 2023 be approved as a registered agreement under section 178 of the Act. The agreement was registered on 1 April 2021 and will remain in force until 31 March 2023. The Commission also ordered that the agreement be published on its website and made available to the public.

Lactalis Australia Ltd

DECISION

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Legal Principle Established