Lion Dairy and Drinks Foods Limited t/a Lion

[2020] FWCA 1642

[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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