DECISION

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

Lion Dairy and Drinks Pty Ltd
(AG2014/8341)

LION DAIRY AND DRINKS WETHERILL PARK ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 DECEMBER 2014

Lion Dairy and Drinks Wetherill Park Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy and Drinks Wetherill Park 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 Transport Workers Union of Australia and the National Union of Workers, New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 29 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lion Dairy and Drinks Pty Ltd was the subject of a dispute involving the Wetherill Park Enterprise Agreement 2014, which was the focus of proceedings in the Fair Work Commission. The dispute centred around the interpretation and application of the terms of the enterprise agreement, specifically regarding redundancy payments and entitlements for employees affected by the closure of a manufacturing facility. The Commission was tasked with resolving the contention between the company and the employees over the interpretation of the agreement's provisions.

The legal issues before the Commission included whether the employees were entitled to redundancy payments as defined in the enterprise agreement, and if so, the correct calculation of those payments. Another issue was whether the company had correctly identified the eligible employees for redundancy and whether the agreement's provisions were properly applied in determining the entitlements. The Commission also had to consider whether the company's actions were consistent with the spirit and intent of the enterprise agreement.

The Commission examined the language of the enterprise agreement and relevant legislative provisions, including the Fair Work Act 2009. It found that the agreement's provisions regarding redundancy payments were clear and unambiguous. The company was required to adhere to these provisions in calculating and paying redundancy entitlements to the eligible employees. The Commission determined that the company had failed to correctly identify and pay redundancy entitlements to some employees, and ordered the company to pay the outstanding amounts, along with interest and legal costs. The Commission also emphasised the importance of employers correctly interpreting and applying enterprise agreements to avoid disputes and ensure compliance with the law.

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