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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of LD&D Milk Pty Ltd, the company sought approval for the Lion Dairy & Drinks Penrith Electrical Services Agreement 2014-2018. The dispute arose as the company aimed to formalise its electrical services agreement for the specified period, ensuring compliance with regulatory standards and internal governance. The Fair Work Commission heard the matter, tasked with examining the application and ensuring it adhered to relevant industrial and labour laws.

The legal issues central to the case involved the necessity of the agreement's terms, their fairness, and compliance with the applicable industrial relations framework. The Commission had to assess whether the proposed agreement was in the best interests of the employees and whether it met the statutory requirements under the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement provided adequate protections and benefits to the workers involved.

The Commission deliberated on the details of the proposed agreement, taking into account the submissions from both the company and the employees' representatives. It evaluated the provisions concerning wages, working conditions, and dispute resolution mechanisms. The Commission concluded that the agreement was fair and balanced, providing reasonable protections and benefits for the employees while also serving the company's operational needs. Consequently, the Commission approved the application, finding that the agreement complied with the necessary legal standards.

The final orders included the approval of the Lion Dairy & Drinks Penrith Electrical Services Agreement 2014-2018, subject to its implementation in accordance with the Fair Work Act 2009. The company was directed to notify the relevant parties of the approval and to ensure the agreement was adhered to throughout its duration.

LD&D Milk PTY LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established