DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lactos Pty Ltd T/A Lion
(AG2019/3608)

THE HERITAGE LION DAIRY & DRINKS OPERATIONS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2019

Application for approval of The Heritage Lion Dairy & Drinks Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Heritage Lion Dairy & Drinks Operations Enterprise Agreement 2019 (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 Employer 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. The undertakings are taken to be a term of 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 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Lactos Pty Ltd, trading as Lion, which sought approval of an enterprise agreement with its employees. The application was brought before the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the relevant legislative provisions and if it was made in good faith and without coercion.

The central legal issues revolved around the compliance of the proposed agreement with the Fair Work Act 2009, specifically whether it met the requirements for a certified agreement. This included scrutiny of the process through which the agreement was made, the fairness of the terms, and the adherence to procedural fairness. Additionally, the court needed to determine if the agreement was genuinely negotiated and not imposed by the employer.

The Fair Work Commission carefully examined the process and content of the enterprise agreement. The court found that the agreement was made in good faith, with proper negotiation processes and without coercion. It also determined that the agreement met all the statutory requirements and was fair and reasonable. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were to approve the Heritage Lion Dairy & Drinks Operations Enterprise Agreement 2019, subject to the terms and conditions outlined in the agreement. This decision confirmed the validity and enforceability of the agreement between Lactos Pty Ltd and its employees.

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