DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Australia Pty Ltd T/A Lactalis Australia
(AG2020/4171)

LACTALIS AUSTRALIA PTY LTD – BENDIGO – AMWU/ETU/TWU/UWU ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the Lactalis Australia Pty Ltd - Bendigo - AMWU/ETU/TWU/UWU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lactalis Australia Pty Ltd - Bendigo - AMWU/ETU/TWU/UWU Enterprise Agreement 2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Transport Workers’ Union and the United Workers’ Union 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 8 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Lactalis Australia Pty Ltd T/A Lactalis Australia concerned an application for the approval of a new enterprise agreement, specifically the Lactalis Australia Pty Ltd - Bendigo - AMWU/ETU/TWU/UWU Enterprise Agreement 2020. This application was made before the Fair Work Commission by the Australian Manufacturing Workers' Union, the Electrical Trades Union, the Transport Workers' Union, and the United Workers' Union. The respondents included Lactalis Australia Pty Ltd, represented by their legal counsel.

The legal issues before the Commission centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, complied with the mandatory provisions of the Act, and was fair and reasonable in all its terms. This included verifying the agreement's procedural fairness, ensuring that it was not inconsistent with any industrial instrument, and considering the potential impact on the parties involved.

In reaching its decision, the Commission examined the negotiation process and the contents of the agreement. It was noted that the agreement was the result of a genuine and robust negotiation process, with adequate consultation between the unions and the employer. The Commission found that the agreement was fair and reasonable, as it addressed key issues such as wages, hours of work, and other employment conditions. The Commission also considered the views of the employees and the employer, finding that the agreement was in the best interests of the employees and did not contravene any statutory provisions. Based on these findings, the Commission approved the enterprise agreement.

The final orders included the approval of the Lactalis Australia Pty Ltd - Bendigo - AMWU/ETU/TWU/UWU Enterprise Agreement 2020, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. This decision ensures that the terms of the enterprise agreement are legally binding and enforceable, providing clarity and certainty for both the employer and the employees.

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