Berri Limited

[2014] FWCA 1402

[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

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