DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion-Dairy and Drinks Pty Ltd T/A Lion
(AG2018/2594)

LION DAIRY AND DRINKS WETHERILL PARK ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 14 NOVEMBER 2018

Application for approval of the Lion Dairy and Drinks Wetherill Park Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy and Drinks Wetherill Park Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lion-Dairy and Drinks Pty Ltd T/A Lion. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

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

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lion-Dairy and Drinks Pty Ltd, trading as Lion, applied to the Fair Work Commission for approval of the Lion Dairy and Drinks Wetherill Park Enterprise Agreement 2017. The dispute centred on the terms of the enterprise agreement, including pay rates, classification, and conditions of employment for employees at the Wetherill Park site. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the Commission had to resolve included whether the agreement provided for fair and reasonable terms and conditions, whether the process for reaching the agreement was genuine and in good faith, and whether the agreement complied with the provisions of the Fair Work Act. The Commission also considered whether the agreement would provide for the efficient and productive operation of the Wetherill Park site.

The Commission found that the agreement provided for fair and reasonable terms and conditions and that the process for reaching the agreement was genuine and in good faith. The Commission concluded that the agreement complied with the requirements of the Fair Work Act and would provide for the efficient and productive operation of the Wetherill Park site. The Commission approved the agreement, and it came into effect on 1 April 2017.

The Fair Work Commission approved the Lion Dairy and Drinks Wetherill Park Enterprise Agreement 2017, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The agreement provides for fair and reasonable terms and conditions for employees at the Wetherill Park site and complies with the provisions of the Act. The agreement also provides for the efficient and productive operation of the site.

Lion-Dairy and Drinks Pty Ltd T/A Lion

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established