LD&D Milk Pty Ltd t/a Lion

[2019] FWCA 6449

[2019] FWCA 6449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd t/a Lion
(AG2019/3313)

LION DAIRY & DRINKS BENTLEY PLANT MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the Lion Dairy & Drinks Bentley Plant Maintenance Enterprise Agreement 2019

[1] LD&D Milk Pty Ltd t/a Lion has made an application for approval of an enterprise agreement known as the Lion Dairy & Drinks Bentley Plant Maintenance Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 September 2019 and, in accordance with s 54, will operate from 23 September 2023. The nominal expiry date of the Agreement is 14 June 2022.

DEPUTY PRESIDENT

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