Lactalis Australia Pty Ltd T/A Lactalis Australia

[2023] FWCA 1269

[2023] FWCA 1269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lactalis Australia Pty Ltd T/A Lactalis Australia

(AG2023/1142)

LACTALIS AUSTRALIA LTD - CLARENCE GARDENS – UNITED WORKERS UNION & CEPU ENTERPRISE AGREEMENT 2023 - 2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 MAY 2023

Application for approval of the LACTALIS Australia Ltd - Clarence Gardens – United Workers Union & CEPU Enterprise Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the LACTALIS Australia Ltd - Clarence Gardens – United Workers Union & CEPU Enterprise Agreement 2023 - 2026 (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 T/A Lactalis Australia. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The United Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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) I note that the Agreement covers the organisations.

1. The Agreement was approved on 4 May 2023 and, in accordance with s.54, will operate from 11 May 2023. The nominal expiry date of the Agreement is 28 February 2026.

COMMISSIONER

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<AE519915  PR761597>