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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lactalis Australia YD Pty Ltd, sought the court's approval for a proposed agreement with the Australian Workers Union (AWU). The dispute centred on the terms of the proposed Lactalis Tamar Valley Production and Warehouse and Australian Workers Union Agreement 2021, which aimed to regulate the employment conditions of workers at Lactalis's Tamar Valley site. The court was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement contained all the mandated terms and conditions, and whether it complied with the procedural requirements of the Act. The court also needed to consider whether the agreement would provide better terms and conditions of employment than the relevant national workplace determination, and whether it had been negotiated in good faith. The court's decision hinged on a careful examination of the agreement's contents, and an assessment of whether it met the necessary criteria for approval.

After a thorough analysis of the proposed agreement, the court found that it met all the statutory requirements for approval. The agreement contained all the mandated terms and conditions, and had been negotiated in good faith. The court was satisfied that the agreement provided better terms and conditions of employment than the relevant national workplace determination, and that it complied with the procedural requirements of the Act. The court approved the agreement, thereby enabling Lactalis and the AWU to implement the new employment terms for the workers at the Tamar Valley site.

The court's decision effectively resolved the dispute between Lactalis and the AWU, allowing them to proceed with the implementation of the proposed agreement. The approval of the agreement by the court provided certainty and stability for the parties involved, and ensured that the workers at the Tamar Valley site would benefit from the improved employment conditions set out in the agreement.

Lactalis Australia YD Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established