DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Australia Pty Ltd T/A Lactalis Australia
(AG2021/5698)

LACTALIS TWU/UWU LIDCOMBE ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries

Food, beverages and tobacco manufacturing industry

DEPUTY PRESIDENT YOUNG

MELBOURNE, 9 JULY 2021

Application for approval of the Lactalis TWU/UWU Lidcombe Enterprise Agreement 2021-2024.

[1] Lactalis Australia Pty Ltd T/A Lactalis Australia (the Employer) has made an application for approval of an enterprise agreement known as the Lactalis TWU/UWU Lidcombe Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 9 July 2021 and, in accordance with s 54, will operate from 16 July 2021. The nominal expiry date of the Agreement is 31 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Lactalis Australia Pty Ltd T/A Lactalis Australia, the Fair Work Commission was asked to approve the Lactalis TWU/UWU Lidcombe Enterprise Agreement 2021-2024. The dispute arose between Lactalis Australia, the employer, and the Transport Workers Union (TWU) and United Workers Union (UWU), the employee representatives. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement contained all the necessary terms as stipulated by the Act and if it was fairly and appropriately negotiated. The Commission needed to ensure that the agreement did not adversely affect employees' job security, remuneration, or working conditions, and that it was made in good faith. Additionally, the Commission had to consider whether the agreement was consistent with the principles of the modern awards applicable to the employees.

After examining the submissions and evidence from both parties, the Commission concluded that the proposed agreement contained all the required terms and was negotiated in good faith. The Commission found that the agreement was consistent with the principles of the relevant modern awards and did not adversely affect the employees' job security, remuneration, or working conditions. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms and included provisions for the protection of employees' rights. As a result, the Fair Work Commission approved the Lactalis TWU/UWU Lidcombe Enterprise Agreement 2021-2024.

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