DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Jindi Pty Ltd T/A Lactalis Jindi
(AG2016/6493)

LACTALIS JINDI ENTERPRISE AGREEMENT 2016-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Lactalis Jindi Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Lactalis Jindi Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lactalis Jindi Pty Ltd T/A Lactalis Jindi. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 19 December 2016 and, in accordance with s.54, will operate from 26 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant company, Lactalis Jindi Pty Ltd trading as Lactalis Jindi, sought approval of the Lactalis Jindi Enterprise Agreement 2016-2019 in the Fair Work Commission. The application was brought before the Commission in response to a dispute between the company and the employees represented by the relevant union. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement provided for the fair and efficient resolution of workplace issues. This included examining whether the agreement contained appropriate provisions for the protection of employees' rights, the establishment of minimum terms and conditions, and the avoidance of industrial action. The Commission also considered whether the agreement had been made in good faith and whether it was in the best interests of the employees.

In delivering its decision, the Commission noted that the enterprise agreement contained provisions that met the criteria for approval under the Act. The agreement included mechanisms for the resolution of workplace issues and provided for the fair treatment of employees. The Commission found that the agreement had been made in good faith and that it was in the best interests of the employees. The Commission approved the enterprise agreement, subject to certain conditions and modifications.

The Commission made orders approving the Lactalis Jindi Enterprise Agreement 2016-2019, subject to the conditions and modifications outlined in the decision. The agreement was to be registered by the Registrar of the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement. The decision also included provisions for the review of the agreement and the resolution of any disputes that may arise under the agreement.

Lactalis Jindi Pty Ltd T/A Lactalis Jindi

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established