DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Jindi Pty Ltd
(AG2014/9621)

LACTALIS JINDI ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 2 DECEMBER 2014

Application for approval of the Lactalis Jindi Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lactalis Jindi Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Lactalis Jindi Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Lactalis Jindi Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lactalis Jindi Pty Ltd, sought approval of the Lactalis Jindi Enterprise Agreement 2014 from the Fair Work Commission. The applicant argued that the agreement was fair and reasonable, while the objector contended that it was not. The applicant, a dairy company, had entered into an enterprise agreement with the union representing its employees. The union had subsequently made the agreement available for consideration by the Fair Work Commission, which was required to decide whether to approve the agreement or not.

The legal issue before the Fair Work Commission was whether the agreement was fair and reasonable. The objector argued that the agreement did not adequately protect employees' rights and interests. The applicant, on the other hand, argued that the agreement was fair and reasonable and provided for a fair and reasonable outcome for both parties. The Fair Work Commission was required to consider the agreement in light of the relevant legislative provisions and other relevant factors.

The Fair Work Commission found that the agreement was fair and reasonable. The Commission noted that the agreement provided for a number of benefits to employees, including increased wages and improved working conditions. The Commission also noted that the agreement provided for a fair and reasonable outcome for both parties, and that it was in the best interests of the employees to approve the agreement. The Commission found that the agreement met the requirements of the relevant legislative provisions and that it was appropriate to approve the agreement.

The Fair Work Commission approved the Lactalis Jindi Enterprise Agreement 2014, subject to certain modifications. The modifications related to the calculation of overtime rates and the definition of "shift". The Fair Work Commission found that these modifications were necessary to ensure that the agreement met the requirements of the relevant legislative provisions. The applicant and the union were required to implement the modifications within a specified period.

Lactalis Jindi Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established