Lactalis Australia Ltd T/A Lactalis Australia
[2023] FWCA 1860
•23 JUNE 2023
| [2023] FWCA 1860 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lactalis Australia Ltd T/A Lactalis Australia
(AG2023/1783)
APPLICATION FOR APPROVAL OF THE LACTALIS AUSTRALIA – ROWVILLE – TWU/UWU ENTERPRISE AGREEMENT 2023 - 2026
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER JOHNS | MELBOURNE, 23 JUNE 2023 |
Application for approval of the Lactalis Australia – Rowville – TWU/UWU Enterprise Agreement 2023 - 2026
An application has been made for approval of an enterprise agreement known as the LACTALIS AUSTRALIA – ROWVILLE – TWU/UWU ENTERPRISE AGREEMENT 2023 - 2026 (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 Ltd T/A Lactalis Australia. The Agreement is a single enterprise agreement.
The assessment of the Agreement has identified that several clauses may be inconsistent with the National Employment Standards (NES). In particular,
a)Casual conversion (clause 11.4) appears to provide for a narrower definition to be eligible for casual conversion when compared with s.66B of the Act.
b)Personal/carer’s leave (clause 22.2) appears to provide a more stringent notice requirement than permitted by s.107(2)(a) of the Act.
c)Public holidays (clause 26.8(b)) appear to be inconsistent with s.115(3) of the Act.
d)Deduction from NES entitlements on termination (clause 37.5) may be inconsistent with Chapter 2, Part 2.2, Division 2 of the Act.
At clause 5.2 of the Agreement there is a clause that gives precedence to the NES over the Agreement to the extent the Agreement contains less favourable terms. Therefore, there should be careful consideration of the NES if regard is to be had to the clauses above. Noting the NES precedence clause, to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
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 United Workers’ Union and Transport Workers’ Union of Australia 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) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2023. The nominal expiry date of the Agreement is 30 April 2026.
COMMISSIONER
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Annexure A
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