DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Foods Pty Limited T/A Lion
(AG2019/3602)

LION DAIRY & DRINKS (CHELSEA) CREAM ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the Lion Dairy & Drinks (Chelsea) Cream Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks (Chelsea) Cream 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 LD&D Foods Pty Limited T/A Lion. The Agreement is a single enterprise agreement.

[2] Noting clause 3(c) of the Agreement, the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 September 2019 and, in accordance with s.54, will operate from 3 October 2019. The nominal expiry date of the Agreement is 16 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LD&D Foods Pty Limited T/A Lion applied to the Fair Work Commission for approval of the Lion Dairy & Drinks (Chelsea) Cream Enterprise Agreement 2019. The applicant sought the agreement’s approval under section 230 of the Fair Work Act 2009 to be applicable to its employees who were members of the Shop, Distributive and Allied Employees Association. The dispute was heard by the Fair Work Commission.

The legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act for it to be approved. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith and without coercion. The Commission also had to assess whether the agreement complied with the procedural requirements for approval.

The Commission considered the evidence and submissions provided by the parties. It found that the agreement provided for fair and reasonable terms and conditions, and that it had been made in good faith and without coercion. The Commission also found that the agreement complied with the procedural requirements for approval. Therefore, the Commission approved the agreement under section 230 of the Fair Work Act.

The Fair Work Commission approved the Lion Dairy & Drinks (Chelsea) Cream Enterprise Agreement 2019. The agreement is now a legally binding enterprise agreement between LD&D Foods Pty Limited and its employees who are members of the Shop, Distributive and Allied Employees Association. The approval of the agreement ensures that the employees are covered by the terms and conditions set out in the agreement, and that their employment rights and obligations are protected.

LD&D Foods Pty Limited 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