| [2020] FWCA 1642 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lion Dairy and Drinks Foods Limited t/a Lion
(AG2020/582)
LION DAIRY AND DRINKS MORWELL ENTERPRISE AGREEMENT 2019
Food, beverages and tobacco manufacturing industry | |
DEPUTY PRESIDENT MANSINI | MELBOURNE, 27 MARCH 2020 |
Application for approval of the Lion Dairy and Drinks Morwell Enterprise Agreement 2019.
[1] Lion has applied for approval of a single enterprise agreement known as the Lion Dairy and Drinks Morwell Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
[2] Since the application was made, concerns were raised about whether the pre-approval requirements were met. Further information and evidence was provided in relation to these concerns.
[3] The Agreement was required to be filed within 14 days after it was made on 20 February 2020, in accordance with s.185(3). As it was not filed until 6 March 2020, it was filed one day after the expiry of the statutory timeframe. Lion explained the delay was due to the large file size which did not immediately transmit and it would create unnecessary delay if employees were required to vote again. The Agreement was approved by a significant majority of the employees to be covered that cast a vote. The employee bargaining representative was supportive. In all of the circumstances, and in accordance with s.185(3)(b), I consider it fair to extend the period within which the application must be made to 6 March 2020.
[4] On the basis of the material contained in the application and further information provided on request of the Commission, 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.
[5] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.
[6] The Agreement was approved on 27 March 2020 and, in accordance with s.54, will operate from 3 April 2020. The nominal expiry date of the Agreement is 30 September 2022.
DEPUTY PRESIDENT
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- AGLC
- Lion Dairy and Drinks Foods Limited t/a Lion [2020] FWCA 1642
- Case
- [2020] FWCA 1642
- Decision Date
CaseChat Overview and Summary
The FWC carefully examined the evidence presented by both parties, including submissions from the applicants and the Australian Manufacturing Workers Union. The FWC found that the agreement provided for better overall terms and conditions for employees, particularly through provisions related to wages, leave, and other employment benefits. The FWC also found that the agreement had been made in good faith and without coercion, as required by the Fair Work Act. The FWC considered the impact of the agreement on the employees' working conditions, including the potential for job security and improved workplace relations.
In light of the findings, the FWC approved the Morwell Enterprise Agreement 2019, which will now govern the terms and conditions of employment for workers at the Morwell plant. The approval of the agreement ensures that employees will benefit from improved working conditions, while also providing the employer with flexibility in managing its operations. The FWC's decision provides clarity on the application of the better off overall test and the requirements for approving an enterprise agreement under the Fair Work Act.
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