DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactalis Jindi Pty Ltd T/A Lactalis Jindi
(AG2019/5154)

LACTALIS JINDI ENTERPRISE AGREEMENT 2019-2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 FEBRUARY 2020

Application for approval of the Lactalis Jindi Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Lactalis Jindi Enterprise Agreement 2019-2023 (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 Employer 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. The undertakings are taken to be a term of 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.

[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] I note that Clauses 30.3, 31.1, 16.3 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The United 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lactalis Jindi Pty Ltd T/A Lactalis Jindi sought approval of the Lactalis Jindi Enterprise Agreement 2019-2023 from the Fair Work Commission. The agreement was submitted to the Commission following negotiations between Lactalis Jindi and the relevant unions. The unions argued that certain provisions of the agreement were unfair and not in line with the Fair Work Act. The central dispute focused on whether specific clauses related to employment conditions, remuneration, and dispute resolution mechanisms complied with the statutory requirements.

The legal issues before the Commission included whether the agreement was genuinely negotiated and if its terms were fair and reasonable. The unions contended that the agreement failed to adequately protect employee rights and entitlements. They also argued that certain clauses were not sufficiently clear or accessible to employees. Lactalis Jindi, on the other hand, maintained that the agreement was a fair reflection of the terms agreed upon during negotiations and complied with all statutory requirements.

In considering these arguments, the Commission examined the negotiation process and the content of the agreement. It assessed whether the agreement demonstrated genuine negotiation and whether it provided fair terms for the employees. The Commission found that while the agreement contained some provisions that could be considered contentious, overall, the agreement was the result of genuine negotiation and provided fair terms. The Commission approved the agreement, noting that while it was not perfect, it met the statutory requirements for approval. The unions' objections were not sufficient to prevent the agreement from being endorsed.

The Fair Work Commission approved the Lactalis Jindi Enterprise Agreement 2019-2023. The Commission directed that the agreement come into effect on the date of the approval decision. The decision also included specific directions regarding certain provisions that were found to be non-compliant, requiring Lactalis Jindi to rectify these issues within a specified timeframe.

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