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

[2019] FWCA 3385

[2019] FWCA 3385

FAIR WORK COMMISSION

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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