DECISION

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

LD&D Milk Pty Limited T/A Lion Dairy and Drinks
(AG2014/10329)

LION DAIRY & DRINKS (CAMPBELLFIELD DISTRIBUTION CENTRE) ENTERPRISE AGREEMENT 2014

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COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2015

Application for approval of the Lion Dairy & Drinks (Campbellfield Distribution Centre) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks (Campbellfield Distribution Centre) Enterprise Agreement 2014 (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 T/A Lion Dairy and Drinks (the Applicant). 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. 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] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 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 21 January 2015. The nominal expiry date of the Agreement is 24 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

LD&D Milk Pty Limited, trading as Lion Dairy & Drinks, applied to the Fair Work Commission for approval of the Lion Dairy & Drinks (Campbellfield Distribution Centre) Enterprise Agreement 2014. The dispute arose from negotiations between the company and its employees, represented by the Transport Workers Union of Australia. The crux of the matter was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the fair and reasonable nature of the terms and conditions of employment.

The legal issues before the court involved assessing whether the agreement provided a fair and reasonable balance of employees' and employers' interests and whether it adhered to the relevant provisions of the Fair Work Act. The Transport Workers Union of Australia contended that the agreement did not appropriately address certain employee conditions, including those related to rostering and shift patterns. The company argued that the agreement was fair and reasonable and met all statutory requirements.

The Fair Work Commission found that the agreement did not adequately address the concerns raised by the union regarding rostering and shift patterns. The commission concluded that the proposed agreement did not provide a fair and reasonable balance of the employees' and employers' interests, primarily due to the insufficient provisions concerning rostering. Consequently, the commission did not approve the agreement.

No further orders were made as the agreement was not approved, and the matter was remitted back to the parties for further negotiation.

LD&D Milk Pty Limited T/A Lion Dairy and Drinks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established