DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Dairy and Drinks
(AG2018/6999)

LION DAIRY & DRINKS NSW LOGISTICS ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Lion Dairy & Drinks NSW Logistics Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks NSW Logistics Enterprise Agreement 2018 (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. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Lion Dairy & Drinks NSW Logistics Enterprise Agreement 2018. The applicant, Lion, sought the agreement's approval to ensure its employees were covered by an updated enterprise agreement. The dispute centred on whether the agreement complied with the necessary statutory requirements and adequately represented the interests of the employees. The Commission was tasked with assessing the fairness and validity of the proposed agreement.

The primary legal issues before the Commission included whether the agreement met the necessary procedural requirements for approval, such as whether proper consultation had occurred and whether the agreement complied with the Fair Work Act 2009. Additionally, the Commission examined whether the agreement provided fair and reasonable terms for the employees, including wages, conditions, and dispute resolution mechanisms. The fairness of the agreement was scrutinised to ensure it did not disadvantage any party unduly.

The Fair Work Commission found that the Lion Dairy & Drinks NSW Logistics Enterprise Agreement 2018 was procedurally sound and met the necessary requirements for approval. The Commission noted that Lion had engaged in meaningful consultation with the employees and that the agreement reflected their interests adequately. Furthermore, the Commission determined that the terms of the agreement were fair and reasonable, providing employees with appropriate protections and benefits. Based on these findings, the Commission approved the agreement, ensuring its employees would be covered by a modern and fair enterprise agreement.

The Commission issued an order approving the Lion Dairy & Drinks NSW Logistics Enterprise Agreement 2018, effective from the date of the decision. The order mandated that the agreement be registered with the Fair Work Commission and that it would govern the employment conditions of the employees covered by the agreement. This decision provided certainty and stability for both Lion and its employees, ensuring compliance with the Fair Work Act 2009 and promoting harmonious industrial relations.

Lion Dairy and Drinks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established