Lion Dairy and Drinks Pty Ltd Summary

[2013] FWCA 4678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Dairy and Drinks Pty Ltd
(AG2013/1457)

LION DAIRY & DRINKS ALLANSFORD & SIMPSON - NATIONAL UNION OF WORKERS AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 16 JULY 2013

Application for approval of the Lion Dairy & Drinks Allansford & Simpson - National Union of Workers Agreement 2012.

[1] On 11 June 2013 Lion Dairy and Drinks Pty Ltd made an application for approval of the Lion Dairy & Drinks Allansford & Simpson - National Union of Workers Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I have accepted the undertaking attached to this decision, which has been given by the employer and note that clause 8 of the Agreement now allows for an employee to appoint a representative of their choice for the purposes of notification and discussion of major change.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[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. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 23 July 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

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ATTACHMENT A

CaseChat Overview and Summary

In this matter, Lion Dairy and Drinks Pty Ltd sought approval of the Lion Dairy & Drinks Allansford & Simpson – National Union of Workers Agreement 2012 from the Fair Work Commission. The dispute arose out of a collective bargaining agreement between the company and the union representing its employees. The applicant argued that the agreement should be approved as it provided for better working conditions and dispute resolution mechanisms. The National Union of Workers, on the other hand, contended that the agreement did not adequately address certain issues and should not be approved.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and if it had been negotiated in good faith. The court also had to determine if the agreement provided for appropriate dispute resolution mechanisms and if it was consistent with relevant industrial awards and other applicable laws.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The court held that the agreement provided for fair and reasonable terms and conditions of employment and had been negotiated in good faith. The commission also found that the agreement provided for appropriate dispute resolution mechanisms and was consistent with relevant industrial awards and other applicable laws. The court approved the agreement, noting that it provided for better working conditions and dispute resolution mechanisms than the previous agreement.

The final orders of the court were that the Lion Dairy & Drinks Allansford & Simpson – National Union of Workers Agreement 2012 be approved as a registered agreement under section 179 of the Fair Work Act 2009. The agreement was to be in effect from the date of the decision and would remain in force until it was varied or replaced by a new agreement. The court also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to the parties and their respective representatives.

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