DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berri Pty Limited T/A The Daily Drinks Co.
(AG2017/4557)

LION DAIRY & DRINKS LEETON ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 DECEMBER 2017

Application for approval of the Lion Dairy & Drinks Leeton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Leeton Enterprise Agreement 2017 (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 Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Australian Manufacturing Workers Union, or more fully, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) 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 was approved on 11 December 2017 and, in accordance with s.54, will operate from 18 December 2017. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Berri Pty Limited, trading as The Daily Drinks Co., sought approval of the Lion Dairy & Drinks Leeton Enterprise Agreement 2017 from the Fair Work Commission. The dispute involved the terms and conditions of employment for workers in the Leeton region, as part of a broader agreement affecting multiple entities within the Lion Group. The Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement adequately ensured fair and reasonable terms of employment, in line with the objectives of the Act. This involved examining various provisions of the agreement, including those related to wages, working hours, and dispute resolution mechanisms. The Commission also considered submissions from the parties and any relevant evidence that might affect the fairness and reasonableness of the agreement.

After reviewing the submissions and evidence, the Commission found that the proposed enterprise agreement met the requirements for approval. The agreement provided for fair and reasonable terms of employment and was not likely to have a detrimental effect on the financial viability of the enterprise. Consequently, the Commission approved the agreement, recognising its alignment with the statutory objectives and the interests of both the employer and employees. This decision sets a precedent for similar agreements within the industry, ensuring that terms are fairly negotiated and implemented.

Berri Pty Limited T/A The Daily Drinks Co.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established