DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Australia Pty Ltd T/A Lactalis Australia
(AG2021/6104)

LACTALIS AUSTRALIA PTY LTD - BRISBANE OPERATIONS ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 AUGUST 2021

Application for approval of the Lactalis Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Lactalis Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2021 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Australian 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Lactalis Australia Pty Ltd, trading as Lactalis Australia, which applied to the Fair Work Commission for the approval of the Lactalis Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2021. The application was made under the Fair Work Act 2009, with the dispute centred on the terms and conditions of employment for workers within the Brisbane operations of Lactalis Australia.

The primary legal issues for the Commission to determine were whether the proposed agreement was a "simple, fair, and modern" enterprise agreement as required by the Fair Work Act. This involved assessing the agreement against the legislative criteria, including whether it was free from any unfair content, whether it provided for appropriate minimum entitlements and allowed for flexibility and productivity improvements, and whether it was the outcome of genuine bargaining. The Commission also needed to consider the views and submissions of the parties involved, including the employees represented by their union, and any other stakeholders.

In delivering its decision, the Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission considered the evidence and submissions from both Lactalis Australia and the union, and concluded that the agreement was fair and balanced. It provided for appropriate minimum entitlements, included provisions for flexibility and productivity improvements, and was the result of genuine bargaining. The Commission also noted that the agreement did not contain any unfair content and was in line with the broader objectives of the Fair Work Act.

As a result, the Fair Work Commission approved the Lactalis Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2021. This decision provided certainty for the employees and the employer, ensuring that the terms and conditions of employment were governed by a modern and fair enterprise agreement. The approval of the agreement also facilitated the ongoing operations of Lactalis Australia within the Brisbane region.

Lactalis Australia Pty Ltd T/A Lactalis Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established