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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LD&D Foods Pty Limited, trading as Lion, applied for approval of the Lion Dairy & Drinks Victorian Dairy Beverages Agreement 2016. The applicant sought the approval under the Competition and Consumer (Industry Agreements) Act 2010. The agreement in question relates to the supply of dairy beverages in Victoria. The case was heard in the Federal Court of Australia.

The primary legal issues before the court were whether the agreement complied with the requirements of the Act, whether it was likely to result in substantial public benefits, and whether it was appropriate to approve the agreement. The court needed to determine if the agreement would promote competition and efficiency in the market and if it would not substantially reduce competition for any goods or services.

The court examined the submissions made by the parties and the evidence provided. It found that the agreement met the criteria for approval under the Act. The court was satisfied that the agreement was likely to result in substantial public benefits, including improved efficiency and consumer choice. The court concluded that the agreement would not substantially reduce competition for any goods or services. The court approved the agreement, finding it to be in the public interest.

The court's final order was the approval of the Lion Dairy & Drinks Victorian Dairy Beverages Agreement 2016, subject to certain conditions designed to ensure ongoing compliance with the Act. The court directed that the agreement be monitored by the Australian Competition and Consumer Commission to ensure that it continued to achieve the intended public benefits.

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