DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactos Pty Ltd T/A Lion
(AG2016/641)

THE HERITAGE LION DAIRY & DRINKS MAINTENANCE ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 8 APRIL 2016

Application for approval of The Heritage Lion Dairy & Drinks Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Heritage Lion Dairy & Drinks Maintenance Enterprise 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 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 and the 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 was approved on 8 April 2016 and, in accordance with s.54, will operate from 15 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Lactos Pty Ltd, trading as Lion, and the Australian Manufacturing Workers' Union. The dispute centred around the approval of The Heritage Lion Dairy & Drinks Maintenance Enterprise Agreement 2015. The case was heard in the Fair Work Commission. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 for enterprise agreements and if it was appropriately certified by the Independent Certifier.

The key legal issues the Court had to address included whether the agreement had been fairly negotiated, whether it contained the necessary minimum terms and conditions, and if the certification process had been conducted in accordance with the relevant legislative provisions. The Court also needed to assess whether the agreement was in the best interests of the employees, considering the economic and operational context of the business.

In its decision, the Court found that the agreement had been fairly negotiated and contained all the necessary minimum terms and conditions. The certification process was deemed to be compliant with the legislative requirements. The Court also concluded that the agreement was in the best interests of the employees, taking into account the overall economic and operational circumstances of the business. Consequently, the Court approved the agreement.

The final order of the Court was that The Heritage Lion Dairy & Drinks Maintenance Enterprise Agreement 2015 be approved, effective from the date of the decision. The agreement was to be registered by the Fair Work Commission and would govern the employment conditions of the relevant employees for the specified period.

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