LD&D Milk Pty Limited T/A Lion

[2014] FWCA 4380

[2014] FWCA 4380

FAIR WORK COMMISSION

DECISION

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

LD&D Milk Pty Limited T/A Lion
(AG2014/1325)

LION DAIRY & DRINKS SALISBURY PRODUCTION ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Salisbury Production 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] An undertaking has been provided in the following terms:

“I confirm that each of the superannuation funds referred to sub-clause 25.4(a) of the Agreement offer a MySuper product in accordance with section 194(h) of the Fair Work Act 2009 (Cth).”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A copy of advice provided by the employer is attached to the Agreement as Attachment 1. This undertaking referred to product disclosure statements for the three default superannuation funds referred to in sub-clause 25.4(a) of the Agreement. These product disclosure statements have not been attached to the Agreement due to the size of each document, but are retained on the file.

[4] 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.

[5] United Voice, 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 this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2014. The nominal expiry date of the Agreement is 31 July 2016.

SENIOR DEPUTY PRESIDENT

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