DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactos Pty Ltd T/A Lion
(AG2017/4876)

THE HERITAGE LION DAIRY & DRINKS OPERATIONS ENTERPRISE AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2018

Application for approval of the The Heritage Lion Dairy & Drinks Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the The Heritage Lion Dairy & Drinks Operations 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 Lactos Pty Ltd T/A Lion. 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] The Australian 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Lactos Pty Ltd, trading as Lion, applied to the Fair Work Commission for approval of the Heritage Lion Dairy & Drinks Operations Enterprise Agreement 2017. The application was made by the employer, Lactos Pty Ltd, which sought to have the agreement approved under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the dairy and drinks operations sector, as stipulated in the proposed agreement.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it met the criteria for being a "single interest" enterprise agreement. Furthermore, the Commission had to determine whether the agreement provided for minimum entitlements and if it had been appropriately negotiated. The negotiation process and the coverage of the agreement were also scrutinized to ensure compliance with the statutory provisions.

The Fair Work Commission, after reviewing the documentation and hearing submissions, found that the Heritage Lion Dairy & Drinks Operations Enterprise Agreement 2017 did indeed comply with the statutory requirements. The Commission concluded that the agreement was appropriately negotiated and met the criteria for a "single interest" enterprise agreement. It was also determined that the agreement provided for all minimum entitlements as required by the Fair Work Act 2009. Consequently, the Commission approved the application and registered the agreement.

The Commission's final orders included the approval and registration of the Heritage Lion Dairy & Drinks Operations Enterprise Agreement 2017, effective from the date of the Commission's decision. The agreement was to apply to the employees specified within the application and was to be governed by the terms and conditions set out in the approved document.

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