Berri Pty Limited T/A The Daily Drinks Co.

[2020] FWCA 3604

[2020] FWCA 3604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berri Pty Limited T/A The Daily Drinks Co.
(AG2020/1682)

LION DAIRY & DRINKS LEETON ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 9 JULY 2020

Application for approval of the Lion Dairy & Drinks Leeton Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Leeton Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berri Pty Limited T/A The Daily Drinks Co. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2020. The nominal expiry date of the Agreement is 1 February 2023.

COMMISSIONER

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<AE508468  PR720864>

Annexure A