LD&D Foods Pty Limited

[2014] FWCA 2507

The attached document replaces the document previously issued with the above code on 14 April 2014.

The document rectifies a typographical error in the title of the enterprise agreement.

Christian Taylor

Relief Associate to DEPUTY PRESIDENT KOVACIC

15 April 2014

[2014] FWCA 2507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

LD&D Foods Pty Limited
(AG2014/546)

LION DAIRY AND DRINKS AND NATIONAL UNION OF WORKERS MORWELL AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 14 APRIL 2014

Application for approval of the Lion Dairy and Drinks National Union of Workers Morwell Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy and Drinks National Union of Workers Morwell Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by LD&D Foods Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from LD&D Foods Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2014. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Attachment:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LD&D Foods Pty Limited applied to the Fair Work Commission for approval of a workplace agreement. The agreement in question was the Lion Dairy and Drinks National Union of Workers Morwell Agreement 2013. The application was brought before the Commission to determine if the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement contained terms that were contrary to the provisions of the Fair Work Act, specifically whether it allowed for an unreasonable reduction in redundancy entitlements. The application was brought by the employer, LD&D Foods Pty Limited, and opposed by the union, which argued that the agreement did not unfairly reduce the entitlements of employees.

The Fair Work Commission considered the provisions of the Fair Work Act and the terms of the agreement. The Commission noted that the agreement provided for a reduction in redundancy entitlements, but found that the reduction was not unreasonable given the context and circumstances of the workplace. The Commission concluded that the agreement did not contain terms that were contrary to the Act and approved the agreement. The union's opposition was dismissed.

In approving the agreement, the Fair Work Commission made an order that the Lion Dairy and Drinks National Union of Workers Morwell Agreement 2013 be approved as a certified agreement under the Fair Work Act. This decision provides clarity for employers and employees regarding the terms of the agreement and ensures that it complies with the requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established