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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Lion Dairy & Drinks Bentley Plant Maintenance Enterprise Agreement 2019 was the subject of an application for approval by LD&D Milk Pty Ltd t/a Lion, the applicant, to the Fair Work Commission, the tribunal. The applicant sought to have the agreement, which was negotiated with the Australian Manufacturing Workers' Union, approved to be applicable to employees in its Bentley plant. The dispute centred on whether the agreement complied with the relevant statutory requirements and whether it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission was required to consider whether the agreement was a genuine enterprise agreement, whether it was negotiated in good faith, and whether it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The tribunal also had to consider whether the agreement complied with the relevant statutory requirements, including the requirement that the agreement be in writing and contain certain prescribed particulars.

After considering the evidence and submissions presented by the parties, the Fair Work Commission determined that the agreement was a genuine enterprise agreement that had been negotiated in good faith and provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The tribunal found that the agreement complied with the relevant statutory requirements and therefore approved the agreement as a certified agreement. The approval of the agreement was subject to certain conditions, including a requirement that the applicant provide certain information to the Fair Work Ombudsman.

In summary, the Fair Work Commission approved the Lion Dairy & Drinks Bentley Plant Maintenance Enterprise Agreement 2019 as a certified agreement, subject to certain conditions. The tribunal found that the agreement was a genuine enterprise agreement that had been negotiated in good faith and provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The applicant was required to provide certain information to the Fair Work Ombudsman.

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