LD&D Foods Pty Ltd Summary

[2013] FWCA 5209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Foods Pty Ltd
(AG2013/1663)

THE HERITAGE LION DAIRY & DRINKS MAINTENANCE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 30 JULY 2013

Application for approval of The Heritage Lion Dairy & Drinks Maintenance Agreement 2013.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved LD&D Foods Pty Ltd, a company seeking approval for The Heritage Lion Dairy & Drinks Maintenance Agreement 2013. The nature of the dispute pertained to the interpretation and application of the Fair Work Act 2009, specifically concerning the approval of an enterprise agreement that aimed to regulate the terms and conditions of employment for certain employees within the company. The case was heard in the Fair Work Commission, which has jurisdiction over matters involving enterprise agreements under the Act.

The central legal issues the court needed to address involved whether the enterprise agreement met the statutory requirements under the Fair Work Act and whether it was appropriately made, taking into account the procedural fairness and the potential impact on the employees. The court was required to examine whether the agreement was genuinely negotiated between the employer and the employees, whether it adhered to the procedural fairness principles, and if the agreement contained provisions that were not in the best interest of the employees.

In its reasoning, the court analysed the evidence presented by the parties and considered the provisions of the Fair Work Act. It found that the enterprise agreement was indeed genuinely negotiated between the employer and the employees and that the negotiation process complied with the statutory requirements. The court also determined that the agreement was procedurally fair and did not contain any provisions that were against the best interest of the employees. Consequently, the court approved the Heritage Lion Dairy & Drinks Maintenance Agreement 2013, finding it to be compliant with the legislative framework.

The court's decision was that the application for approval of the enterprise agreement should be granted. The Heritage Lion Dairy & Drinks Maintenance Agreement 2013 was deemed to be appropriately made and met the necessary statutory criteria. The court's approval of the agreement allowed it to take effect and govern the employment conditions of the relevant employees within LD&D Foods Pty Ltd.

LD&D Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established