DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion Dairy & Drinks
(AG2019/321)

LION DAIRY & DRINKS PENRITH ELECTRICAL SERVICES AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 15 MAY 2019

Application for approval of the Lion Dairy & Drinks Penrith Electrical Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Penrith Electrical Services 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 Dairy & Drinks. 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] The Agreement lodged contained an error at clause 9(b). On 14 May 2019 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 22 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the case of LD&D Milk Pty Ltd trading as Lion Dairy & Drinks, the applicant sought approval for the Lion Dairy & Drinks Penrith Electrical Services Agreement 2018. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement should be made a registered agreement under the Fair Work Act 2009. The dispute primarily centred around whether the proposed agreement met the criteria for approval as stipulated in the Act, including whether it provided for a fair and efficient workplace.

The legal issues before the Commission were whether the agreement appropriately addressed terms and conditions of employment, and if it provided for fair and efficient industrial relations practices. The Commission had to assess the balance of the agreement in terms of its provisions, the parties' bargaining power, and its compliance with the overarching principles of the Fair Work Act. Moreover, the Commission needed to ensure that the agreement did not disadvantage any party unduly and was consistent with the broader public interest.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission highlighted that the agreement provided for clear and fair terms that were consistent with the rights and obligations under the Fair Work Act. The Commission was satisfied that the agreement was the product of genuine bargaining between the parties and did not disadvantage either party. Furthermore, it was found to be conducive to facilitating fair and efficient industrial relations. As a result, the Commission approved the agreement, deeming it to be in compliance with the requirements of the Act.

Consequently, the Fair Work Commission approved the Lion Dairy & Drinks Penrith Electrical Services Agreement 2018, making it a registered agreement under the Fair Work Act. This decision affirmed the agreement's validity and enforceability, ensuring that it would serve as a binding framework for the terms and conditions of employment between the parties.

LD&D Milk Pty Ltd T/A Lion Dairy & Drinks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established