DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Dairy and Drinks Pty Ltd
(AG2017/5837)

LION DAIRY AND DRINKS & NATIONAL UNION OF WORKERS CRESTMEAD ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Lion Dairy and Drinks & National Union of Workers Crestmead Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy and Drinks & National Union of Workers Crestmead Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lion Dairy and Drinks Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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 26 December 2017. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Lion Dairy and Drinks Pty Ltd and the National Union of Workers, sought approval of the Crestmead Enterprise Agreement 2017 from the Fair Work Commission. The respondents were the Liquor, Hospitality and Miscellaneous Workers' Union and the Australian Manufacturing Workers' Union. The primary dispute was whether the enterprise agreement met the requirements of the Fair Work Act 2009, including its provisions on employee representation, minimum terms and conditions, and procedural fairness.

The legal issues before the Commission included whether the agreement provided for an appropriate employee representative group, if it contained the mandated minimum terms and conditions, and whether the agreement had been made in accordance with relevant procedural requirements. Furthermore, the Commission had to determine if the agreement was in the best interests of the employees and whether it met the good faith bargaining criteria.

The Fair Work Commission determined that the enterprise agreement was appropriately structured and met all statutory requirements. The agreement provided for a suitable employee representative group, contained the required minimum terms and conditions, and was made in accordance with the procedural fairness provisions of the Act. The Commission found that the agreement was in the best interests of the employees and that the parties had engaged in good faith bargaining. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Crestmead Enterprise Agreement 2017, finding that it complied with all statutory requirements, including those relating to employee representation, minimum terms and conditions, and procedural fairness. The Commission concluded that the agreement was in the best interests of the employees and that it had been made through good faith bargaining.

Lion Dairy and Drinks Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established