Application by Lactalis Jindi Pty Ltd Trading AS Lactalis Jindi
Citation: [2026] FWCA 2031
What happened
Lactalis Jindi Pty Ltd, trading as Lactalis Jindi, sought approval for its Maintenance Enterprise Agreement 2026. The agreement is a single enterprise agreement covering employees. The Australian Manufacturing Workers’ Union (AMWU) and Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) indicated their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved the Lactalis Jindi Pty Ltd Maintenance Enterprise Agreement 2026. the Commissioner noted a clause regarding deductions may be inconsistent with the National Employment Standards, but that the NES will prevail due to a clause in the agreement. The agreement covers the AMWU and CEPU. It will operate from August 6, 2026, and expires on March 1, 2028.
What it means for employers
Employers should ensure enterprise agreements are consistent with the National Employment Standards or include a clause ensuring NES entitlements prevail. This avoids potential legal challenges related to inconsistencies between the agreement and statutory minimums.
What it means for employees
Employees covered by this agreement will benefit from its terms, which are subject to the protections of the National Employment Standards where there is conflict.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →