Lactalis Australia Pty Ltd

[2021] FWCA 6323

[2021] FWCA 6323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Australia Pty Ltd
(AG2021/7610)

LACTALIS ROWVILLE - AMWU/ETU ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 18 OCTOBER 2021

Application for approval of the Lactalis Rowville - AMWU/ETU Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the Lactalis Rowville - AMWU/ETU Enterprise Agreement 2021-2024 (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 Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 25 October 2021. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

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