Lactalis Australia Pty Ltd

[2019] FWCA 5164

[2019] FWCA 5164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lactalis Australia Pty Ltd
(AG2019/1985)

LACTALIS AUSTRALIA PTY LTD (ROCKHAMPTON OPERATIONS) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 24 JULY 2019

Application for approval of the Lactalis Australia Pty ltd (Rockhampton Operations) Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Lactalis Australia Pty Limited(the applicant) for the approval of an enterprise agreement known as the Lactalis Australia Pty ltd (Rockhampton Operations) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

•  Definition of a shift worker;

•  Disputes resolution; and

•  Redundancy pay.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] 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.

[5] The Australian Workers’ Union (AWU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they both want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers both of the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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