DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LD&D Milk Pty Ltd T/A Lion
(AG2019/3249)

LION DAIRY & DRINKS SALISBURY PRODUCTION ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 2 OCTOBER 2019

Application for approval of the Lion Dairy & Drinks Salisbury Production Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Salisbury Production Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by LD&D Milk Pty Ltd T/A Lion. 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 as are relevant to this application for approval have been met.

[4] The 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2019. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by LD&D Milk Pty Ltd, trading as Lion, to have the Lion Dairy & Drinks Salisbury Production Enterprise Agreement 2019 approved as a single enterprise agreement. The application arose in the context of a dispute between the employer and the employees, who were represented by the Australian Manufacturing Workers' Union. The court had to determine whether the agreement met the statutory requirements and could be appropriately approved.

The central legal issue was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to ascertain whether the agreement had been made in good faith, whether it provided for a fair and efficient workplace, and if it met the criteria for single enterprise agreements as stipulated by the Act. Additionally, the court had to consider whether the agreement had been appropriately negotiated and whether it provided for fair terms and conditions of employment.

The court examined the process through which the agreement was negotiated and found that the employer had acted in good faith. The agreement provided for fair terms and conditions, and the court was satisfied that it met the statutory requirements for approval. The court also noted that the agreement was beneficial for both the employees and the employer, providing a fair and efficient workplace. Ultimately, the court approved the agreement, finding that it complied with the provisions of the Act and was in the best interests of the parties involved.

The court's decision resulted in the approval of the Lion Dairy & Drinks Salisbury Production Enterprise Agreement 2019 as a single enterprise agreement. The court acknowledged the efforts of both parties in negotiating the agreement and recognised the importance of such agreements in facilitating fair and efficient workplaces. The approval of this agreement sets a precedent for future negotiations and agreements between employers and employees in similar circumstances.

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