DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion
(AG2018/4674)

LION DAIRY AND DRINKS PENRITH METAL TRADES AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 NOVEMBER 2018

Application for approval of the Lion Dairy and Drinks Penrith Metal Trades Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy and Drinks Penrith Metal Trades 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 “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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• clause 28 – personal leave

However, noting clause 8 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 22 November 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of LD&D Milk Pty Ltd, trading as Lion, the applicant sought approval of the Lion Dairy and Drinks Penrith Metal Trades Agreement 2018. This agreement, proposed as a modern award, was intended to govern the terms and conditions of employment for workers in the Penrith metal trades sector. The dispute arose from negotiations between the employer and employees represented by the Australian Manufacturing Workers’ Union. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed modern award complied with the relevant legislative framework, particularly the Fair Work Act 2009. Key aspects under scrutiny included whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, penalty rates, and other entitlements. The Commission also had to consider if the agreement adequately protected employees' rights and if it was consistent with the principles of industrial fairness and efficiency.

The Fair Work Commission found that the proposed agreement largely met the statutory requirements. It noted that the agreement provided for fair and reasonable terms and conditions, including adequate wage increases and penalty rates. The Commission was satisfied that the agreement was negotiated in good faith and that it did not disadvantage any party. Additionally, the Commission determined that the agreement would not have an adverse effect on industrial efficiency or productivity. As a result, the Commission approved the Lion Dairy and Drinks Penrith Metal Trades Agreement 2018.

The Fair Work Commission’s decision was based on a detailed analysis of the proposed agreement, taking into account submissions from both the employer and the union. The Commission found that the agreement was comprehensive and provided for a fair balance of rights and obligations for both employers and employees. The final orders of the Commission included the approval of the agreement, which would now serve as a modern award for the specified industry and workforce.

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