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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Berri Pty Limited, trading as The Daily Drinks Co., applied to the Fair Work Commission for approval of the Lion Dairy & Drinks Leeton Enterprise Agreement 2020. The applicants sought to have the agreement registered under the Fair Work Act 2009, which would give it the status of a legally binding contract between the employer and the employees covered by the agreement.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including the provisions regarding minimum entitlements, and whether the agreement had been made in accordance with the prescribed process. The Commission needed to determine if the agreement met the criteria for registration and if it provided for the minimum terms and conditions of employment as stipulated by the Act.

In reaching its decision, the Commission examined the contents of the agreement and considered whether it provided for fair and reasonable terms and conditions of employment. The Commission also assessed if the agreement had been made in good faith and whether the appropriate consultation and negotiation processes had been followed. Ultimately, the Commission found that the agreement did meet the statutory requirements and provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, and it was registered under the Fair Work Act 2009.

The Commission's final orders included the registration of the Lion Dairy & Drinks Leeton Enterprise Agreement 2020, effective from the date of the Commission's decision. This registration ensured that the agreement would serve as a legally binding contract between the employer and the employees covered by the agreement, setting out their terms and conditions of employment.

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