LD&D Foods Pty Limited T/A Lion

[2016] FWCA 9063

[2016] FWCA 9063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Foods Pty Limited T/A Lion
(AG2016/6597)

LION DAIRY & DRINKS VICTORIAN DAIRY BEVERAGES AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Lion Dairy & Drinks Victorian Dairy Beverages Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Victorian Dairy Beverages Agreement 2016 (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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 19 December 2016 and, in accordance with s.54, will operate from 26 December 2016. The nominal expiry date of the Agreement is 25 May 2019.

COMMISSIONER

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