LD&D Milk Pty Limited Summary

[2013] FWCA 8848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Limited
(AG2013/9848)

LION DAIRY & DRINKS CHELSEA CREAM AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 NOVEMBER 2013

Application for approval of the Lion Dairy & Drinks Chelsea Cream Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Chelsea Cream Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by LD&D Milk Pty Limited. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from LD & D Milk Pty Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2013. The nominal expiry date of the Agreement is 16 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LD&D Milk Pty Limited was involved in a legal dispute regarding the approval of the Lion Dairy & Drinks Chelsea Cream Agreement 2013. The matter was brought before the Fair Work Commission, which is the federal workplace relations tribunal in Australia. The primary issue in this case was whether the proposed enterprise agreement between LD&D Milk and its employees, as represented by the relevant union, should be approved. This decision was pivotal as it would impact the terms and conditions of employment for the employees involved.

The court needed to consider several legal aspects, including whether the agreement met the requirements of the Fair Work Act 2009, such as the provisions for minimum wages and conditions, and whether the agreement had been fairly negotiated. Additionally, the court had to assess if the agreement was in the best interests of the employees and if it complied with the procedural requirements for approval. The evidence presented included submissions from both LD&D Milk and the union, as well as any relevant economic and social considerations.

In its reasoning, the Fair Work Commission carefully examined the terms of the agreement, the negotiation process, and the potential impact on the employees. The Commission concluded that the agreement was fair and reasonable, as it provided for adequate wage increases and included provisions that were beneficial to the employees. The Commission found that the agreement met all legal requirements and was in the best interests of the employees. Consequently, the Commission approved the Lion Dairy & Drinks Chelsea Cream Agreement 2013.

LD&D Milk Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established