DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactos Pty Ltd t/a Lion
(AG2015/6050)

THE HERITAGE LION DAIRY & DRINKS OPERATIONS ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 6 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as The Heritage Lion Dairy & Drinks Operations 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 6 November 2015 and, in accordance with s.54, will operate from 13 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lactos Pty Ltd, trading as Lion, applied for the approval of the Heritage Lion Dairy & Drinks Operations Enterprise Agreement 2015. The application was heard in the Fair Work Commission, the relevant federal workplace relations tribunal in Australia. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the agreement's compliance with procedural fairness and its alignment with the provisions for better off overall and at least minimum terms and conditions were scrutinized.

The legal issues before the Commission involved ensuring the agreement was negotiated in good faith, covered a suitable scope, and did not unfairly disadvantage any party. Furthermore, the Commission had to determine whether the agreement provided employees with terms and conditions that were at least as good as those provided by the relevant award or safety net provisions. The Commission also assessed if the agreement adequately reflected the views and interests of the employees and employers involved.

The Fair Work Commission found that the agreement was negotiated in good faith and covered a suitable scope. The Commission was satisfied that the agreement provided employees with terms and conditions that were at least as good as, and in some cases better than, those provided by the relevant award. The Commission also determined that the agreement was fair and did not unfairly disadvantage any party. Consequently, the Commission approved the Heritage Lion Dairy & Drinks Operations Enterprise Agreement 2015. The approval ensures that the agreement will govern the employment conditions of the relevant employees, providing a stable and fair framework for workplace relations.

Lactos Pty Ltd t/a Lion

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established