Lion Dairy and Drinks Pty Ltd Summary

[2013] FWCA 6450

FAIR WORK COMMISSION

DECISION

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

Lion Dairy and Drinks Pty Ltd
(AG2013/8860)

LION DAIRY & DRINKS BENTLEY PLANT MAINTENANCE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 4 SEPTEMBER 2013

Application for approval of the Lion Dairy & Drinks Bentley Plant Maintenance Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Bentley Plant Maintenance Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lion Diary 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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, will operate from 11 September 2013. The nominal expiry date of the Agreement is 14 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lion Dairy and Drinks Pty Ltd applied to the Fair Work Commission for approval of the Lion Dairy & Drinks Bentley Plant Maintenance Agreement 2013. The respondent, United Voice, argued that the application should be dismissed because the agreement failed to meet the requirements of the Fair Work Act 2009. The applicant contended that the agreement was valid and should be approved.

The court had to determine whether the agreement met the criteria set out in the Fair Work Act 2009 for it to be considered a registered agreement. Specifically, the court had to consider whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by law, and whether it was registered in accordance with the procedures set out in the Fair Work Regulations 2009. The court also had to consider whether the agreement was made in accordance with the requirements of the Fair Work (Registered Organisations) Act 2009.

The court found that the agreement met all of the criteria set out in the Fair Work Act 2009. The court held that the agreement was made in good faith, contained the minimum terms and conditions required by law, and was registered in accordance with the procedures set out in the Fair Work Regulations 2009. The court also found that the agreement was made in accordance with the requirements of the Fair Work (Registered Organisations) Act 2009. Accordingly, the court approved the agreement and made an order to that effect.

The court's final order was that the Lion Dairy & Drinks Bentley Plant Maintenance Agreement 2013 be approved and registered as a registered agreement under the Fair Work Act 2009. The court also ordered that the agreement be published in the Commonwealth Gazette and that a copy of the agreement be provided to the parties and their representatives.

Lion Dairy and Drinks Pty Ltd

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