LD&D Milk Pty Limited

[2013] FWCA 7129

FAIR WORK COMMISSION

DECISION

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

LD&D Milk Pty Limited
(AG2013/2765)

LION DAIRY & DRINKS SALISBURY ENGINEERING SERVICES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 SEPTEMBER 2013

Application for approval of the Lion Dairy & Drinks Salisbury Engineering Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Salisbury Engineering Services Enterprise Agreement 2013 (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 Milk Pty Limited. The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 30 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LD&D Milk Pty Limited sought approval for the Lion Dairy & Drinks Salisbury Engineering Services Enterprise Agreement 2013. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed enterprise agreement met the legal requirements for approval, particularly focusing on whether it contained unfair terms that would warrant refusal of registration.

The FWC examined the agreement to determine if it met the criteria set out in the Fair Work Act. The legal issues included whether the agreement's provisions regarding wages, hours of work, and other conditions were fair and reasonable. The FWC considered whether the agreement provided for a proper balance between the interests of the employees and the employer, and whether any terms were unfair under the Act. The FWC also evaluated the process by which the agreement was negotiated and whether it complied with the necessary legal standards.

After reviewing the agreement, the FWC concluded that it did not contain any unfair terms. The FWC found that the agreement was negotiated in good faith and contained provisions that were fair and reasonable. The FWC noted the agreement provided for a balanced approach to the interests of both employees and the employer, including appropriate wage increases and other conditions of employment. Consequently, the FWC approved the agreement, allowing it to be registered and enforced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established