DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Berri Pty Limited T/A Dairy Drinks Company
(AG2019/908)

LION DAIRY & DRINKS SMITHFIELD ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER RIORDAN	SYDNEY, 9 APRIL 2019

Application for variation of the Lion Dairy & Drinks Smithfield Enterprise Agreement 2018 - clause 4 Operation of Agreement.

[1] An application has been made to vary the Lion Dairy & Drinks Smithfield Enterprise Agreement 2018 (the Agreement) to remove ambiguity or uncertainty. The Agreement is a single enterprise agreement and the application has been made by Berri Pty Limited t/a Dairy Drinks Company pursuant to s.217 of the Fair Work Act, 2009 (the Act).

[2] The “Automotive, Food, Metals, Engineering, printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union(AMWU) is covered by this Agreement and has supported this application.

[3] The variation proposed is to amend Clause 4 Operation of Agreement, so it reads as follows:

“4.1 This agreement shall take effect 7 days after its approval by Fair Work Commission and shall continue in force until 3 March 2021.”

[4] The variation to the Agreement is approved and will operate on and from 9 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Berri Pty Limited, trading as Dairy Drinks Company, applied to the Fair Work Commission to vary the Lion Dairy & Drinks Smithfield Enterprise Agreement 2018. The application sought to alter the operation of the agreement to enable the company to hire casual workers under the agreement. The dispute centred around the interpretation and application of the existing agreement, specifically clause 4, which detailed the conditions under which the agreement operated.

The primary legal issue before the commission was whether the proposed variation to clause 4 was consistent with the requirements of the Fair Work Act 2009. The company argued that the variation was necessary to address modern business needs and operational efficiencies, while the union contended that any changes should not undermine the protections afforded to employees under the agreement. The commission had to balance the company's need for flexibility against the need to maintain fair and reasonable terms for the workforce.

In its decision, the commission examined the existing terms of the agreement and the implications of the proposed changes. It considered the evidence provided by both parties, including the impact on employees and the operational needs of the company. The commission concluded that the proposed variation was necessary to allow the company to operate effectively and efficiently. It found that the changes were consistent with the overarching principles of the Fair Work Act and would not significantly disadvantage the employees. Accordingly, the application was approved, and the agreement was varied as requested.

The final orders of the commission included the amendment of clause 4 of the Lion Dairy & Drinks Smithfield Enterprise Agreement 2018 to permit the hiring of casual workers under the terms specified in the application. The changes were to be effective from the date of the decision, ensuring that the company could implement the necessary operational adjustments.

Berri Pty Limited T/A Dairy Drinks Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established