Lactalis Australia Pty Ltd T/A Lactalis Australia Summary

[2023] FWCA 1900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lactalis Australia Pty Ltd T/A Lactalis Australia

(AG2023/1920)

LACTALIS LIDCOMBE MAINTENANCE AND SERVICE EMPLOYEES WORKPLACE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 JUNE 2023

Application for approval of the Lactalis Lidcombe Maintenance and Service Employees Workplace Agreement 2023

An application has been made for approval of an enterprise agreement known as the Lactalis Lidcombe Maintenance and Service Employees Workplace Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 31 May 2023.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 July 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Lactalis Australia Pty Ltd, trading as Lactalis Australia, applied for approval of the Lactalis Lidcombe Maintenance and Service Employees Workplace Agreement 2023. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it was made in good faith. The Commission heard submissions from both the applicant and the union representing the employees.

The primary legal issues before the Commission were whether the agreement was a "single interest" enterprise agreement as defined in the Fair Work Act 2009 and whether it was made in accordance with the procedural requirements set out in the Act. Additionally, the Commission considered whether the agreement was made in good faith and if it provided for the proper classification and remuneration of employees.

In delivering its decision, the Commission found that the agreement was a "single interest" enterprise agreement, as it covered all employees at the Lactalis Lidcombe site. The Commission also determined that the procedural requirements of the Act were satisfied, as the agreement was negotiated in good faith, with adequate consultation and disclosure. The Commission was satisfied that the agreement provided for the proper classification and remuneration of employees, taking into account the nature of the work and the interests of both parties. Consequently, the Commission approved the Lactalis Lidcombe Maintenance and Service Employees Workplace Agreement 2023.

The Commission's final order was that the Lactalis Lidcombe Maintenance and Service Employees Workplace Agreement 2023 be approved and registered under the Fair Work Act 2009. The agreement is to take effect from the date of the Commission's decision and will apply to all employees covered by the agreement.

Lactalis Australia Pty Ltd T/A Lactalis Australia

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