Lion Dairy and Drinks Pty Ltd Summary

[2013] FWCA 1464

FAIR WORK COMMISSION

DECISION

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

Lion Dairy and Drinks Pty Ltd
(AG2013/188)

LION DAIRY AND DRINKS & NATIONAL UNION OF WORKERS CRESTMEAD ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 7 MARCH 2013

Application for approval of the Lion Dairy and Drinks & National Union of Workers Crestmead Enterprise Agreement 2012 .

[1] An application has been made for approval of a single enterprise agreement known as the Lion Dairy and Drinks & National Union of Workers Crestmead Enterprise Agreement 2012 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2013. The nominal expiry date of the Agreement is 30 September 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Lion Dairy and Drinks Pty Ltd, the applicant sought approval of the Lion Dairy and Drinks and National Union of Workers Crestmead Enterprise Agreement 2012. The dispute arose in the Fair Work Commission, which is responsible for approving enterprise agreements in Australia. The central issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test" and if it had been genuinely negotiated and agreed upon by the parties involved.

The Commission considered whether the terms of the agreement provided a net benefit to the employees covered by it, compared to their previous conditions of employment. This involved assessing the overall compensation, including base rates of pay, allowances, and other benefits, against the new obligations and potential detriments. The Commission also had to examine if there was evidence of genuine negotiation and agreement between the parties. The National Union of Workers argued that the agreement provided fair terms and conditions for the employees, while Lion Dairy and Drinks Pty Ltd maintained that the agreement was necessary for the business to remain competitive and viable.

After thorough examination of the evidence and submissions, the Commission concluded that the agreement satisfied the better off overall test. The Commission found that the agreement provided employees with a fair balance of benefits and obligations, and that it had been genuinely negotiated and agreed upon by the parties. The Commission approved the Lion Dairy and Drinks and National Union of Workers Crestmead Enterprise Agreement 2012. This decision ensures that the terms of the agreement are legally binding and enforceable between the parties.

Lion Dairy and Drinks Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established