Berri Limited

[2014] FWCA 1402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berri Limited
(AG2013/10517)

LION LYTTON ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 FEBRUARY 2014

Application for approval of the Lion Lytton Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lion Lytton Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Berri Limited. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Berri Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2014. The nominal expiry date of the Agreement is 1 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Berri Limited, the applicant, sought approval of the Lion Lytton Enterprise Agreement 2013, which was intended to regulate the employment of certain employees. The Fair Work Commission (FWC) was the respondent, and the applicant aimed to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal standards for approval and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, covered the appropriate employees, and provided for fair and reasonable terms and conditions. The Commission also had to consider whether the agreement was in the best interests of the employees, taking into account factors such as the employees' needs and the potential impact on their employment.

The Commission found that the agreement was made in good faith and met the necessary legal requirements. The agreement covered the appropriate employees and contained fair and reasonable terms and conditions. The Commission also concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions and was made in the context of the parties' commercial negotiations. The Commission approved the agreement, and the applicant's application was successful.

The Commission made an order approving the Lion Lytton Enterprise Agreement 2013, subject to certain conditions. The order also provided for the agreement to be registered with the Fair Work Commission and for the agreement to be binding on the parties. The Commission also made an order for the agreement to be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established