LD&D Milk PTY LTD

[2015] FWCA 5881

[2015] FWCA 5881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk PTY LTD
(AG2015/4384)

LION DAIRY & DRINKS PENRITH ELECTRICAL SERVICES AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the Lion Dairy & Drinks Penrith Electrical Services Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Penrith Electrical Services Agreement 2014-2018 (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 LTD. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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