Lion Dairy and Drinks Pty Ltd

[2013] FWCA 6152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Dairy and Drinks Pty Ltd
(AG2013/8573)

LION DAIRY & DRINKS BENTLEY FACTORY & WAREHOUSE ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 AUGUST 2013

Application for approval of the Lion Dairy & Drinks Bentley Factory & Warehouse Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Bentley Factory & Warehouse Enterprise Agreement 2013 (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] United Voice 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) of the Act I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 14 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lion Dairy and Drinks Pty Ltd brought an application to the Fair Work Commission for the approval of the Lion Dairy & Drinks Bentley Factory & Warehouse Enterprise Agreement 2013. The application arose from negotiations between the company and its employees represented by the Food, Beverage and Tobacco Workers Union. The dispute centred on the terms and conditions of employment within the enterprise agreement, which was intended to cover employees at Lion Dairy's Bentley factory and warehouse.

The legal issues before the commission involved whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was made in good faith, was appropriately certified, and included all mandatory terms. Additionally, the commission had to consider whether the agreement was sufficiently detailed and fair, and whether it provided for appropriate dispute resolution mechanisms.

In its decision, the commission found that the enterprise agreement was made in good faith and was appropriately certified. The commission noted that the agreement contained all the mandatory terms required by the Fair Work Act and was sufficiently detailed to ensure clarity and fairness for both parties. Furthermore, the agreement included provisions for dispute resolution, which were deemed adequate. Based on these findings, the commission approved the agreement, confirming its compliance with the statutory requirements and suitability for implementation.

The Fair Work Commission approved the Lion Dairy & Drinks Bentley Factory & Warehouse Enterprise Agreement 2013, confirming that it met the necessary criteria under the Fair Work Act, including being made in good faith, certified, and including all mandatory terms. The commission's approval allows the agreement to be implemented and enforced as a binding contract between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established