| [2024] FWCA 3222 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The a2 Milk Company (Australia) Pty Ltd
(AG2024/3150)
THE A2 MILK COMPANY (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2024
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 10 SEPTEMBER 2024 |
Application for approval of The a2 Milk Company (Australia) Pty Ltd Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the The a2 Milk Company (Australia) Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The a2 Milk Company (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Subject to the undertaking 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 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2024. The nominal expiry date of the Agreement is 9 September 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526032 PR779121>
Annexure A
- AGLC
- The a2 Milk Company (Australia) Pty Ltd [2024] FWCA 3222
- Case
- [2024] FWCA 3222
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the Enterprise Agreement complied with the statutory requirements, including that it provided for the fair and reasonable terms and conditions of employment, and whether it was consistent with the overarching principles of the Fair Work Act. The Commission also had to consider if the agreement was certified by an independent certifier as being in the interests of the employees, and whether it adhered to the provisions relating to good faith bargaining and procedural fairness.
The Commission reviewed the evidence presented by both parties and found that the agreement was comprehensive and provided for fair and reasonable terms and conditions of employment. It was also certified as being in the interests of the employees and adhered to the principles of good faith bargaining and procedural fairness. The Commission noted that the agreement included provisions for wages, working hours, leave entitlements, and other relevant employment terms. Additionally, the company had demonstrated a commitment to maintaining a cooperative workplace, which was reflected in the agreement. Therefore, the Commission approved the Enterprise Agreement, finding that it met all the statutory requirements.
The Commission's decision approved the a2 Milk Company (Australia) Pty Ltd Enterprise Agreement 2024, which is now legally binding on both the company and its employees. This outcome ensures that the agreement will govern the employment terms and conditions of the parties for the duration specified in the agreement, providing a stable and predictable framework for their relationship.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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