DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion
(AG2016/6737)

LION DAIRY & DRINKS BENTLEY PLANT MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 DECEMBER 2016

Application for approval of the Lion Dairy & Drinks Bentley Plant Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Bentley Plant Maintenance Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 9 December 2016 and, in accordance with s.54, will operate from 16 December 2016. The nominal expiry date of the Agreement is 14 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent matter of Lion Dairy & Drinks Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Lion Dairy & Drinks Bentley Plant Maintenance Enterprise Agreement 2016. The dispute arose between LD&D Milk Pty Ltd, trading as Lion, and various employees represented by the Food, Beverage and Tobacco Workers Union. The agreement in question was submitted for registration under the Fair Work Act 2009, and the primary concern was whether it met the legal requirements for approval.

The legal issues before the Commission included whether the agreement complied with the procedural fairness requirements and whether it provided appropriate protections for the employees. This involved scrutinising the negotiation process and whether the employees had been adequately represented. The Commission also needed to consider whether the terms of the agreement were fair and reasonable, taking into account the balance of interests between the employer and the employees.

In delivering its decision, the Commission found that the agreement was indeed procedurally fair and met the necessary standards for approval. The Commission acknowledged the robust negotiation process and the adequate representation of the employees during the bargaining process. Additionally, the Commission concluded that the terms of the agreement were fair and reasonable, providing appropriate protections and benefits to the employees. Consequently, the Fair Work Commission approved the Lion Dairy & Drinks Bentley Plant Maintenance Enterprise Agreement 2016 for registration.

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