DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion
(AG2019/1990)

LION - DAIRY & DRINKS BENTLEY OPERATIONS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 24 JUNE 2019

Application for approval of the Lion - Dairy & Drinks Bentley Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lion - Dairy & Drinks Bentley Operations Enterprise Agreement 2019 (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 United Voice 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 1 July 2019. The nominal expiry date of the Agreement is 14 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LD&D Milk Pty Ltd, trading as Lion, applied to the Fair Work Commission for approval of the Lion - Dairy & Drinks Bentley Operations Enterprise Agreement 2019. The agreement was submitted by the employer to ensure it complied with the relevant legislative framework and to avoid unfair work practices. The Fair Work Commission was the appropriate body to assess the agreement as it is tasked with overseeing and approving enterprise agreements to ensure they meet the standards set by the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, if it contained the necessary minimum entitlements, and whether it was fairly negotiated. The Commission also had to consider if the agreement was in the best interests of the employees and whether any provisions were contrary to public policy. Additionally, the Commission needed to ensure that the agreement did not undermine the safety and health of the employees or contravene any other relevant laws.

In assessing the agreement, the Commission examined the process of negotiation, the content of the agreement, and its implications for the employees. The Commission concluded that the agreement was made in good faith, contained the necessary minimum entitlements, and was fairly negotiated. It found that the agreement was in the best interests of the employees and did not contravene any public policy or safety and health provisions. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Lion - Dairy & Drinks Bentley Operations Enterprise Agreement 2019, ensuring it meets the legislative standards and protects the interests of the employees. The approval signifies that the agreement is fair and complies with the requirements set out in 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