DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion-Dairy & Drinks
(AG2020/3483)

LION DAIRY & DRINKS LENAH VALLEY ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 4 DECEMBER 2020

Application for approval of the Lion Dairy & Drinks Lenah Valley Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Lenah Valley Enterprise Agreement 2020 (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] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union 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 is approved and in accordance with s.54, will operate from 11 December 2020. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LD&D Milk Pty Ltd, trading as Lion Dairy & Drinks, applied for the approval of the Lion Dairy & Drinks Lenah Valley Enterprise Agreement 2020. The application was made under the Fair Work Act 2009, and the relevant parties included the company and the union representing the employees. The nature of the dispute was whether the proposed enterprise agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions for employees.

The primary legal issue the court had to determine was whether the agreement contained provisions that were genuinely intended to be the basis of the employment relationship, provided for fair and reasonable terms and conditions, and met the requirements set out in the Fair Work Act. Specifically, the court examined whether the agreement adequately covered essential terms, provided for a fair dispute resolution process, and complied with any relevant minimum standards. Additionally, the court assessed whether the union had genuinely negotiated the agreement with the employer.

The court found that the proposed enterprise agreement met all the necessary criteria for approval. The agreement contained provisions that were genuinely intended to be the basis of the employment relationship and provided for fair and reasonable terms and conditions. The agreement included essential terms such as wages, hours of work, and leave entitlements, and it provided a fair dispute resolution process. The court was satisfied that the union had genuinely negotiated the agreement with the employer, and it was consistent with the requirements set out in the Fair Work Act. The court concluded that the application should be approved, and the enterprise agreement was subsequently approved.

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