LD&D Foods Pty Limited T/A King Island Dairy Summary

[2014] FWCA 6367

FAIR WORK COMMISSION

DECISION

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

LD&D Foods Pty Limited T/A King Island Dairy
(AG2014/7408)

LION DAIRY & DRINKS (KING ISLAND) ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the Lion Dairy & Drinks (King Island) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks (King Island) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LD&D Foods Pty Limited T/A King Island Dairy. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LD&D Foods Pty Limited, trading as King Island Dairy, applied to the Fair Work Commission for approval of the Lion Dairy & Drinks (King Island) Enterprise Agreement 2014. The application was contested by the Australian Manufacturing Workers' Union. The dispute centred on the fairness and compliance of the proposed enterprise agreement with the relevant federal industrial relations legislation. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for the proper determination of terms and conditions of employment, and whether it had been genuinely agreed upon by the parties.

The primary legal issues before the Commission were whether the agreement provided for the proper determination of terms and conditions, and whether it had been genuinely agreed to by the employer and the union. The Commission examined the process by which the agreement was negotiated, the extent of union involvement, and whether the agreement's terms were fair and reasonable. The Commission also considered whether the agreement contained all the mandated terms and whether any provisions were inconsistent with federal industrial instruments.

The Commission found that the agreement was properly determined and had been genuinely agreed upon by the parties. The Commission was satisfied that the union had been sufficiently involved in the negotiation process, and that the terms of the agreement were fair and reasonable. The Commission noted that the agreement contained all the mandated terms and that none of the provisions were inconsistent with federal industrial instruments. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Lion Dairy & Drinks (King Island) Enterprise Agreement 2014, finding it to be fairly and genuinely negotiated and compliant with all relevant federal industrial relations legislation. The Commission's decision was based on the evidence presented regarding the negotiation process, the union's involvement, and the fairness of the agreement's terms. The approval of the agreement means it will now govern the employment conditions of the workers at King Island Dairy.

LD&D Foods Pty Limited T/A King Island Dairy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established