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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Lactalis Australia Pty Ltd, represented by its management, sought approval of the Lactalis Australia Pty Ltd (Rockhampton Operations) Enterprise Agreement 2019. The application was opposed by the Australian Manufacturing Workers' Union, representing the employees at the Rockhampton operations. The dispute centred around whether the enterprise agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues primarily revolved around whether the agreement provided for a fair and effective means of resolving employee disputes and if it contained adequate provisions for the protection of employees' rights and interests. Additionally, the court needed to determine if the agreement was made in good faith and without coercion, and if it complied with the requirements for registration as stipulated in the Fair Work Act.

The Fair Work Commission found that the agreement was made in good faith and did not contain any terms that were against the public interest. The agreement was deemed to provide for a fair and effective means of resolving employee disputes, and it included provisions for the protection of employees' rights and interests. The Commission was satisfied that the agreement complied with all necessary legal requirements and approved the application for registration. The decision was made that the enterprise agreement be registered under the Fair Work Act, effective from the date of the decision.

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