Lion Dairy and Drinks Pty Ltd

[2013] FWCA 3079

FAIR WORK COMMISSION

DECISION

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

Lion Dairy and Drinks Pty Ltd
(AG2013/671)

LION DAIRY AND DRINKS MALANDA ENTERPRISE AGREEMENT 2012-2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 17 MAY 2013

Application for approval of the Lion Dairy and Drinks Malanda Enterprise Agreement 2012-2015.

[1] An application has been made for approval of a single enterprise agreement known as the Lion Dairy and Drinks Malanda Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lion Dairy and Drinks Pty Ltd.

[2] 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.

[3] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Australian Workers’ Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Lion Dairy and Drinks Pty Ltd involved a dispute regarding the approval of the Lion Dairy and Drinks Malanda Enterprise Agreement 2012-2015. The applicant, Lion Dairy and Drinks Pty Ltd, sought approval of the enterprise agreement from the Fair Work Commission. The agreement was submitted by the company for the employees of its Malanda plant, and the applicant argued that the agreement was made in good faith and was fair and reasonable.

The legal issues that the court was required to decide included whether the agreement was made in good faith, whether it was fairly and reasonably made, and whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. The court also had to consider whether the agreement complied with the provisions of the Fair Work Act and whether the agreement met the requirements for approval as set out in the regulations.

The court found that the agreement was made in good faith and was fairly and reasonably made. The court was satisfied that the applicant had met its burden of proof and that the agreement met the criteria for approval as set out in the Fair Work Act. The court also found that the agreement complied with the provisions of the Fair Work Act and met the requirements for approval as set out in the regulations. As a result, the court approved the Lion Dairy and Drinks Malanda Enterprise Agreement 2012-2015. The court's decision was based on the evidence presented by the applicant and the considerations set out in the Fair Work Act and regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established