DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The a2 Milk Company (Australia) Pty Ltd T/A a2 Milk
(AG2020/729)

THE A2 MILK COMPANY (AUSTRALIA) PLY LTD ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 APRIL 2020

Application for approval of The a2 Milk Company (Australia) Ply Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as The a2 Milk Company (Australia) Ply Ltd Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The a2 Milk Company (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 8 April 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2010, and/or Manufacturing and Associated Industries and Occupations Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.202 of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2020. The nominal expiry date of the Agreement is 14 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The a2 Milk Company (Australia) Pty Ltd, trading as a2 Milk, applied for approval of its Enterprise Agreement 2020. The application was heard in the Fair Work Commission. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009. The dispute primarily revolved around whether the agreement met the necessary conditions for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, particularly section 230, which mandates that the agreement must provide for fair and reasonable terms and conditions. The Commission also needed to determine if the agreement satisfied the requirements of section 228, which relates to the need for employees to be represented by an appropriate union or direct representation. The Commission had to consider submissions from the applicant and any relevant objections from other parties.

The Commission examined the provisions of the Enterprise Agreement 2020 and found that it generally met the statutory requirements for approval. The agreement contained provisions that provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement had been subject to a vote by the employees, with a sufficient majority in favour of the agreement. Given these findings, the Commission approved the Enterprise Agreement 2020.

The Commission approved the Enterprise Agreement 2020, effective from the date of the Commission’s decision. The agreement was to be registered with the Fair Work Ombudsman, and it was to apply to all employees covered by the agreement. The decision concluded that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment.

The a2 Milk Company (Australia) Pty Ltd T/A a2 Milk

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established