Lactalis Australia Pty Ltd t/a Lactalis Australia

[2021] FWCA 1040

[2021] FWCA 1040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Australia Pty Ltd t/a Lactalis Australia
(AG2021/19)

LACTALIS AUSTRALIA PTY LTD - (DARWIN OPERATIONS) AND THE TRANSPORT WORKERS UNION (SA/NT) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 MARCH 2021

Application for approval of the Lactalis Australia Pty Ltd - (Darwin Operations) and the Transport Workers Union (SA/NT) Enterprise Agreement 2020.

[1] Lactalis Australia has applied for approval of a single enterprise agreement known as the Lactalis Australia Pty Ltd - (Darwin Operations) and the Transport Workers Union (SA/NT) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting undertaking 1 of the Undertakings of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Transport Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 3 March 2021 and, in accordance with s.54, will operate from 10 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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Annexure A