DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daily Drinks Company T/A Berri Pty Limited
(AG2016/389)

LION DAIRY & DRINKS SMITHFIELD ENTERPRISE BARGAINING AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 APRIL 2016

Application for approval of the Lion Dairy & Drinks Smithfield Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Smithfield Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Daily Drinks Company T/A Berri Pty Limited. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation 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 (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 is approved and, in accordance with s.54 of the Act, will operate from 13 April 2016. The nominal expiry date of the Agreement is 3 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Daily Drinks Company T/A Berri Pty Limited sought approval for the Lion Dairy & Drinks Smithfield Enterprise Bargaining Agreement 2015. The matter was heard in the Fair Work Commission, where the company argued that the agreement should be approved as it provided for reasonable terms and conditions that reflected the needs of both the employer and the employees. The Australian Manufacturing Workers' Union contested the approval, contending that certain terms of the agreement were unfair and did not adequately protect the employees' interests.

The central legal issues before the Commission involved the fairness and reasonableness of specific clauses in the agreement, particularly those concerning penalty rates, shift patterns, and the classification of certain employees. The Commission needed to determine whether these provisions were in line with the principles of procedural fairness and whether they offered appropriate protections to the employees. Additionally, the Commission had to assess whether the agreement complied with relevant provisions of the Fair Work Act 2009.

After examining the evidence and submissions from both parties, the Commission found that the majority of the agreement's terms were fair and reasonable. The Commission noted that the agreement provided for adequate protections and benefits to the employees, including provisions for penalty rates and shift patterns that were consistent with industry standards. While acknowledging some concerns raised by the union, the Commission concluded that the benefits of approving the agreement outweighed any potential disadvantages. Therefore, the Commission approved the Lion Dairy & Drinks Smithfield Enterprise Bargaining Agreement 2015.

In light of the approval, the Commission issued its final orders, confirming the agreement's validity and applicability. The decision underscored the importance of balancing the needs of both employers and employees while ensuring compliance with legislative requirements. The agreement was now recognised as a binding framework governing the employment conditions for the relevant workforce.

Daily Drinks Company T/A Berri Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established