DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Australia Pty Ltd
(AG2020/4192)

LACTALIS AUSTRALIA - ROWVILLE – TWU/UWU ENTERPRISE AGREEMENT 2020 - 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JANUARY 2021

Application for approval of the Lactalis Australia - Rowville - TWU/UWU Enterprise Agreement 2020 - 2023.

[1] Lactalis Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Lactalis Australia - Rowville - TWU/UWU Enterprise Agreement 2020 - 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 United Workers’ Union and the 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) and based on the declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 28 January 2021. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lactalis Australia Pty Ltd applied to the Fair Work Commission for the approval of the Lactalis Australia - Rowville - TWU/UWU Enterprise Agreement 2020 - 2023. The application was made under section 232 of the Fair Work Act 2009, which requires that an enterprise agreement be approved by the Fair Work Commission before it can have effect. The dispute involved the terms and conditions of employment of workers represented by the Transport Workers Union and the United Workers Union.

The primary legal issues before the Commission were whether the enterprise agreement met the requirements for approval under the Fair Work Act and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement contained only matters that were bargainable between the parties, if it had been negotiated in good faith, and if it complied with the "better off overall test." This test required that the agreement was at least as good as the applicable award or other relevant agreement in terms of pay and conditions.

The Fair Work Commission found that the enterprise agreement contained only bargainable matters and had been negotiated in good faith. It also determined that the agreement satisfied the better off overall test, as it provided employees with improved pay and conditions compared to the relevant award. The Commission noted that the agreement addressed various aspects of employment, including wages, penalties, overtime, shift penalties, and annual leave, and provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the relevant legislation.

As a result of the approval, the Lactalis Australia - Rowville - TWU/UWU Enterprise Agreement 2020 - 2023 is now a legally binding agreement between Lactalis Australia Pty Ltd and the employees represented by the Transport Workers Union and the United Workers Union. The terms and conditions set out in the agreement will apply to the employees for the duration of the agreement.

Lactalis Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established