Dairy Farmers Limited

[2014] FWCA 1606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dairy Farmers Limited
(AG2013/10260)

LION DAIRY & DRINKS ALLANSFORD ELECTRICAL TRADES UNION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 MARCH 2014

Application for approval of the Lion Dairy & Drinks Allansford Electrical Trades Union Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Allansford Electrical Trades Union Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dairy Farmers Limited. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Lion Dairy & Drinks Pty Ltd, of which Dairy Farmers Limited is a subsidiary. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dairy Farmers Limited sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred around the terms and conditions of employment for employees in the Allansford Electrical Trades Union Enterprise Agreement 2013. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it provided for a fair and efficient workplace and whether it was made in good faith. The applicant argued that the agreement was necessary to ensure operational efficiency and competitiveness, while the union contended that it would negatively affect employees' terms and conditions.

The Commission examined the agreement's provisions, including the proposed changes to wages, hours of work, and other conditions. It also considered submissions from both parties and any relevant evidence. The Commission concluded that the agreement was fair and efficient, as it balanced the interests of the employer and employees while maintaining competitiveness and operational efficiency. The agreement was also found to have been made in good faith, taking into account the parties' respective positions and the broader economic context.

Accordingly, the Commission approved the Allansford Electrical Trades Union Enterprise Agreement 2013, subject to certain conditions. The applicant was directed to provide the agreement to the Registrar of the Fair Work Commission for registration. The union and its members were entitled to take such action as they considered appropriate to give effect to the agreement. The decision underscored the importance of fair and efficient enterprise agreements in maintaining a productive and harmonious workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established