DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Dairy and Drinks Pty Ltd
(AG2017/3605)

LION DAIRY & DRINKS PENRITH OPERATIONS AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 12 OCTOBER 2017

Application for approval of the Lion Dairy & Drinks Penrith Operations Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Penrith Operations 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] 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.

[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) 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 19 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lion Dairy and Drinks Pty Ltd applied for the approval of the Lion Dairy & Drinks Penrith Operations Agreement 2017 under the Fair Work Act 2009. The applicant sought to have the agreement, which was reached between the applicant and its employees, registered as a single enterprise agreement. The application was made on the basis that the agreement would provide for a modern workplace and a better working environment for employees. The matter was heard in the Fair Work Commission.

The key legal issue before the Commission was whether the agreement met the requirements of the Act to be approved and registered as a single enterprise agreement. The Commission had to consider whether the agreement was genuinely negotiated and whether it contained the necessary provisions to be considered a single enterprise agreement. Additionally, the Commission needed to assess whether the agreement complied with the statutory minimum entitlements and whether it was in the best interests of the employees.

The Commission found that the agreement was genuinely negotiated and contained the necessary provisions to be considered a single enterprise agreement. The Commission noted that the agreement provided for a modern workplace and improved working conditions for employees. The Commission also found that the agreement complied with the statutory minimum entitlements and was in the best interests of the employees. The Commission approved the agreement and registered it as a single enterprise agreement.

The Commission made orders approving the agreement and registering it as a single enterprise agreement. The orders also provided for the agreement to be published on the Commission's website and for the agreement to be available for inspection by employees and their representatives. The Commission also made orders for the agreement to be notified to relevant parties, including the employer's association and the relevant union.

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