DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion
(AG2017/4108)

LION DAIRY & DRINKS SALISBURY PRODUCTION ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 9 OCTOBER 2017

Application for approval of the Lion Dairy & Drinks Salisbury Production Enterprise Agreement 2016.

[1] On 11 September 2017 LD&D Milk Pty Ltd T/A Lion (Applicant) made an application for approval of the Lion Dairy & Drinks Salisbury Production Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[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] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 October 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LD&D Milk Pty Ltd T/A Lion Dairy & Drinks brought an application for the approval of the Lion Dairy & Drinks Salisbury Production Enterprise Agreement 2016. The application was brought pursuant to section 181 of the Fair Work Act 2009. The application was opposed by a number of union representatives.

The legal issue for the court to decide was whether the enterprise agreement was in the best interests of the employees. The court considered whether the enterprise agreement met the "better off overall test" and whether it contained terms that were in the interests of the employees.

The court found that the enterprise agreement was in the best interests of the employees. The court found that the agreement contained terms that were better than those contained in the relevant award, and that the agreement was not likely to have a detrimental effect on the employees. The court approved the enterprise agreement, finding that it met the better off overall test and was in the interests of the employees.

The court ordered that the enterprise agreement be approved and registered. The court also ordered that the enterprise agreement be published on the Fair Work Commission's website.

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