Lactalis Australia YD Pty Ltd

[2021] FWCA 3661

[2021] FWCA 3661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Australia YD Pty Ltd
(AG2021/5629)

LACTALIS TAMAR VALLEY PRODUCTION AND WAREHOUSE AND AUSTRALIAN WORKERS UNION (AWU) AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER O'NEILL	MELBOURNE, 28 JUNE 2021

Application for approval of the Lactalis Tamar Valley Production and Warehouse and Australian Workers Union (AWU) Agreement 2021.

[1] Lactalis Australia YD Pty Ltd has applied for approval of an enterprise agreement known as the Lactalis Tamar Valley Production and Warehouse and Australian Workers Union (AWU) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement lodged contained an error at clause 15.1. The clause erroneously referred to clause 33.12 of the Food, Beverages and Tobacco Manufacturing Award 2010 rather than clause 23.7 of the Food, Beverages and Tobacco Manufacturing Award 2020. On 24 June 2021, the Applicant filed an amended page of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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