Lion Dairy and Drinks Pty Ltd

[2013] FWCA 1483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lion Dairy and Drinks Pty Ltd
(AG2013/438)

LION PENRITH METAL TRADES AGREEMENT 2011-2014

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 12 MARCH 2013

Application for approval of the Lion Penrith Metal Trades Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Lion Penrith Metal Trades Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lion Dairy and Drinks Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 March 2013. The nominal expiry date is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lion Dairy and Drinks Pty Ltd, sought approval of the Lion Penrith Metal Trades Agreement 2011-2014. The applicant was a party to an existing enterprise agreement and sought to replace it with a new agreement for the employees of its Penrith site. The employees, represented by a union, opposed the application on various grounds. The matter was heard by the Fair Work Commission, an independent statutory tribunal with jurisdiction over employment and workplace relations matters.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely negotiated. The Commission also considered whether the application process complied with the relevant provisions of the Fair Work Act. The union argued that the agreement did not provide for fair and reasonable terms and conditions, and that the application process was flawed.

The Commission found that the proposed agreement met the statutory requirements for approval. The Commission considered that the agreement provided for fair and reasonable terms and conditions, including appropriate wage increases and other benefits. The Commission also found that the agreement had been genuinely negotiated, despite the union's objections. The Commission rejected the union's arguments regarding the application process, finding that there were no procedural flaws that would invalidate the application. The Commission approved the proposed agreement, and the applicant was authorised to implement it.

The Commission's decision was based on its assessment of the evidence and arguments presented by both parties. The Commission found that the applicant had demonstrated that the proposed agreement met the statutory requirements for approval, and that the application process had been conducted in accordance with the relevant provisions of the Fair Work Act. The union's objections were rejected, and the proposed agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established