LD&D Milk Pty Ltd T/A Lion

[2019] FWCA 669

[2019] FWCA 669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion
(AG2018/7366)

LION DAIRY & DRINKS SALISBURY ENGINEERING SERVICES ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Lion Dairy & Drinks Salisbury Engineering Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Salisbury Engineering Services Enterprise Agreement 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 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 Australian Manufacturing Workers Union 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 22 - Annual Leave.

•  Clause 24 – Personal Leave.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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