Lion Dairy and Drinks Pty Ltd Summary

[2014] FWCA 8193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Dairy and Drinks Pty Ltd
(AG2014/8140)

LION DAIRY & DRINKS PENRITH OPERATIONS AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 NOVEMBER 2014

Application for approval of the Lion Dairy & Drinks Penrith Operations Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Penrith Operations Agreement 2014 - 2017 (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 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.

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 25 November 2014. The nominal expiry date of the Agreement 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Lion Dairy and Drinks Pty Ltd, sought approval of the Lion Dairy & Drinks Penrith Operations Agreement 2014-2017. The applicant is a large employer engaged in the dairy and drinks industry, and the agreement in question relates to the terms and conditions of employment for its employees at the Penrith operations. The dispute centred on the fairness and appropriateness of the proposed agreement, particularly concerning various employment provisions such as wages, working hours, leave entitlements, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards of procedural and substantive fairness. The Commission had to examine if the agreement was genuinely negotiated and if it provided for fair terms and conditions of employment. Additionally, the applicant needed to demonstrate that the agreement was made in good faith and without coercion.

After reviewing the submissions and evidence provided by both parties, the Commission found that the agreement met the necessary criteria. The applicant had demonstrated that the agreement was genuinely negotiated and provided for fair terms and conditions of employment. The Commission concluded that the agreement complied with the relevant provisions of the Fair Work Act and was procedurally and substantively fair. Consequently, the Commission approved the agreement, noting that it provided for a balanced and fair resolution of the employment issues for the duration of the agreement.

The final order of the Commission was the approval of the Lion Dairy & Drinks Penrith Operations Agreement 2014-2017, which would now serve as the basis for the terms and conditions of employment for the employees at the Penrith operations. The agreement would be registered with the Fair Work Commission and would be subject to any variations or terminations as provided for within its terms or under the Fair Work Act.

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