DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The a2 Milk Company (Australia) Pty Ltd
(AG2017/1120)

THE A2 MILK COMPANY (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 4 MAY 2017

Application for approval of The a2 Milk Company (Australia) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The a2 Milk Company (Australia) Pty Ltd Enterprise Agreement 2016 (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. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 1 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by The a2 Milk Company (Australia) Pty Ltd for approval of its Enterprise Agreement 2016. The company sought to have the agreement registered under the Fair Work Act 2009, with the dispute centering on whether the agreement met the legal criteria for registration, including its alignment with the national workplace relations system and its compliance with the good faith bargaining requirements.

The key legal issues before the Commission were whether the Enterprise Agreement 2016 was genuinely negotiated and whether it contained terms and conditions that were consistent with the principles of the national workplace relations system. The Commission had to determine if the agreement demonstrated sufficient evidence of good faith bargaining, and if it provided for a fair balance between the interests of the employer and the employees.

In reaching its decision, the Commission examined the evidence provided by both parties regarding the negotiation process. It considered the submissions and the documentation related to the negotiation process, including the timelines, the involvement of relevant employee representatives, and the steps taken to reach an agreement. The Commission also assessed whether the terms of the agreement were fair and reasonable, and if they complied with the provisions of the Fair Work Act. After considering all the evidence, the Commission found that the agreement had been genuinely negotiated in good faith and that it contained terms and conditions that were fair and consistent with the national workplace relations system. Consequently, the Commission approved the Enterprise Agreement 2016 for registration.

The a2 Milk Company (Australia) 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