DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactos Pty Ltd T/A Lion
(AG2019/1134)

THE HERITAGE LION DAIRY & DRINKS MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 9 MAY 2019

Application for approval of the The Heritage Lion Dairy & Drinks Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the The Heritage Lion Dairy & Drinks Maintenance Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lactos Pty Ltd T/A Lion. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lactos Pty Ltd, trading as Lion, brought an application before the Fair Work Commission for approval of the Heritage Lion Dairy & Drinks Maintenance Enterprise Agreement 2018. The dispute arose as the parties had been unable to reach a resolution regarding the terms of the proposed agreement. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement contained the required provisions under section 234 of the Act. Specifically, the Commission had to assess whether the agreement provided for the minimum terms and conditions of employment, including matters such as wages, hours of work, and leave entitlements. The Commission also had to consider whether the agreement was fair and reasonable, taking into account the principles of the Fair Work Act.

In examining the agreement, the Commission found that it included all the required minimum terms and conditions of employment. The Commission also considered the views of the parties and determined that the agreement was fair and reasonable, taking into account the relevant principles. The Commission was satisfied that the agreement met the necessary criteria for approval under the Act.

Accordingly, the Commission approved the Heritage Lion Dairy & Drinks Maintenance Enterprise Agreement 2018. The agreement will now apply to the relevant employees and employers, providing a framework for their employment relationship.

Lactos Pty Ltd T/A Lion

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established