Lactalis Australia Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lactalis Australia Pty Ltd, sought approval of an enterprise agreement with the Australian Manufacturing Workers' Union and the Engineering Trades Union. The Fair Work Commission (FWC) was the forum for the application. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issue before the FWC was whether the agreement contained all the necessary terms, including the pay and conditions, and whether it complied with the provisions of the Fair Work Act, particularly regarding the protection of employees' rights and the avoidance of detriment to employees. The FWC also considered whether the agreement had been fairly negotiated and whether the applicant had taken all reasonable steps to reach an agreement with the unions.

The FWC found that the agreement contained all the necessary terms, including pay and conditions, and complied with the requirements of the Fair Work Act. The FWC noted that the agreement provided for appropriate protections for employees and did not result in any detriment to them. The FWC also found that the agreement had been fairly negotiated and that the applicant had taken all reasonable steps to reach an agreement with the unions.

The FWC approved the Lactalis Rowville - AMWU/ETU Enterprise Agreement 2021-2024, and the decision was registered with the Fair Work Commission on 15 March 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established