DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion
(AG2016/1064)

LION DAIRY & DRINKS SALISBURY ENGINEERING SERVICES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2016

Application for approval of the Lion Dairy & Drinks Salisbury Engineering Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Salisbury Engineering Services Enterprise Agreement 2015 (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 T/A Lion. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved LD&D Milk Pty Ltd, trading as Lion, and the application for the approval of the Lion Dairy & Drinks Salisbury Engineering Services Enterprise Agreement 2015. The application was brought by the employer, seeking the Commission's endorsement of the agreement to ensure its enforceability and compliance with relevant industrial laws. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 for being considered a protected action bargaining agreement, specifically if it had been genuinely negotiated and covered all mandated terms and conditions.

The primary legal issues the Court had to resolve were whether the agreement adhered to the procedural and substantive requirements outlined in the Fair Work Act 2009. This involved scrutinising the negotiation process, the contents of the agreement, and whether it appropriately addressed all the mandated terms. Additionally, the Court needed to ensure that the agreement was fair and balanced, considering the interests of both the employer and the employees, and that it did not contain any unlawful or unfair provisions.

The Fair Work Commission examined the evidence provided regarding the negotiation process and found it to be in compliance with the statutory requirements. The contents of the agreement were reviewed to ensure they covered all necessary terms and conditions as mandated by the Act. The Commission determined that the agreement was fair and balanced, taking into account the interests of both parties. After thorough consideration, the Commission approved the agreement, finding it met the necessary criteria for being a protected action bargaining agreement under the Fair Work Act 2009.

LD&D Milk Pty Ltd T/A Lion

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established