Lactalis Australia YD Pty Ltd T/A Lactalis Australia

[2022] FWCA 2804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lactalis Australia YD Pty Ltd T/A Lactalis Australia

(AG2022/3197)

Lactalis Tamar Valley Maintenance Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 18 AUGUST 2022

Application for approval of the Lactalis Tamar Valley Maintenance Agreement 2022

An application has been made for approval of an enterprise agreement known as the Lactalis Tamar Valley Maintenance Agreement 2022 (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 YD Pty Ltd T/A Lactalis Australia. The Agreement is a single enterprise agreement.

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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in Section 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 18 August 2022 and, in accordance with s.54, will operate from 25 August 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Lactalis Australia YD Pty Ltd, trading as Lactalis Australia, sought approval for the Lactalis Tamar Valley Maintenance Agreement 2022. The agreement aimed to regulate the ongoing maintenance of certain dairy processing facilities. The primary dispute arose from the terms of the agreement, particularly whether they complied with the applicable industrial instruments and if they were fair and reasonable for the workers involved.

The court was tasked with determining whether the proposed agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court needed to assess if the agreement was made in good faith, if it covered a system of work, and whether it was necessary to test the agreement's provisions due to potential implications for the workers' conditions. The court also had to consider if the agreement would result in a significant change in the employees' conditions of employment and whether it was in the interests of the employees.

The court found that the Lactalis Tamar Valley Maintenance Agreement 2022 was made in good faith and covered a system of work. After examining the agreement's terms and their potential impact on the employees, the court determined that the agreement was fair and reasonable. The court concluded that the agreement met all the necessary criteria under the Fair Work Act 2009 and approved the agreement. The court's decision was based on the evidence presented and the legal framework governing industrial agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established