DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion
(AG2016/5316)

LION - DAIRY & DRINKS BENTLEY OPERATIONS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Lion - Dairy & Drinks Bentley Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lion - Dairy & Drinks Bentley Operations 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2016. The nominal expiry date of the Agreement is 14 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of LD&D Milk Pty Ltd trading as Lion, the applicant sought approval of the Lion – Dairy & Drinks Bentley Operations Enterprise Agreement 2016 from the Fair Work Commission. The agreement was to govern the terms and conditions of employment for employees within the Bentley operations of Lion, a company engaged in the production and distribution of dairy products. The dispute centred on the procedural fairness of the bargaining process and the substantive fairness of the terms within the proposed enterprise agreement.

The primary legal issues before the Commission were whether the bargaining process was conducted in good faith, whether the process afforded all parties an opportunity to be heard, and whether the terms of the enterprise agreement were fair and reasonable. The applicant argued that the bargaining process was procedurally fair and that the terms of the agreement were fair and reasonable. The respondent contended that the process was flawed and that certain terms were unfair.

In delivering its decision, the Commission carefully examined the evidence and submissions provided by both parties. The Commission found that the bargaining process was conducted in good faith and that all parties had an opportunity to be heard. The Commission also concluded that the terms of the enterprise agreement were fair and reasonable, taking into account the commercial and operational realities faced by the company. The Commission emphasised the importance of balancing the needs of the business with the rights and interests of the employees.

The Fair Work Commission approved the Lion – Dairy & Drinks Bentley Operations Enterprise Agreement 2016, finding it to be a fair and reasonable agreement that appropriately reflected the commercial and operational circumstances of the business. The Commission's decision affirmed the procedural and substantive fairness of the bargaining process and the terms of the enterprise agreement, providing clarity and certainty for the parties involved.

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