DECISION

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

Lion Dairy and Drinks Pty Ltd
(AG2014/10224)

LION DAIRY AND DRINKS & NATIONAL UNION OF WORKERS CRESTMEAD ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 JANUARY 2015

Application for approval of the Lion Dairy and Drinks & National Union of Workers Crestmead Enterprise Agreement 2014.

[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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 12 January 2015. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers brought an application seeking approval of the Lion Dairy and Drinks & National Union of Workers Crestmead Enterprise Agreement 2014. The dispute arose from a disagreement between the union and the employer regarding the terms and conditions of employment of workers at the Crestmead factory. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement was genuinely negotiated, whether it contained the necessary minimum terms and conditions, and whether it complied with any relevant provisions of the Fair Work Act. The union argued that the agreement was the result of genuine bargaining, contained all the required minimum terms, and adhered to the legislative requirements. The employer contested these assertions, claiming that the agreement did not meet the statutory criteria for approval.

In delivering its decision, the Commission examined the evidence and submissions from both parties. It found that the agreement was indeed the product of genuine negotiations and included all the necessary minimum terms and conditions. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and met the criteria for approval. Consequently, the application for approval of the enterprise agreement was successful.

The Commission approved the Lion Dairy and Drinks & National Union of Workers Crestmead Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the workers at the Crestmead factory are legally binding and enforceable under the Fair Work Act.

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