Lactalis Australia Pty Ltd T/A Lactalis Australia Pty Ltd

[2020] FWCA 853

[2020] FWCA 853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lactalis Australia Pty Ltd T/A Lactalis Australia Pty Ltd
(AG2019/4874)

LACTALIS AUSTRALIA PTY LTD - BRISBANE OPERATIONS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 18 FEBRUARY 2020

Application for approval of the Lactalis Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2019.

[1] Lactalis Australia Pty Ltd T/A Lactalis Australia Pty Ltd has applied for approval of an enterprise agreement known as the Lactalis Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Australian Workers’ Union (AWU); the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[3] 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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU, CEPU and AMWU 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) of the Act I note that the Agreement covers the AWU, CEPU and AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507119  PR716810>

Annexure A.