DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion-Dairy & Drinks Pty Ltd T/A Lion-Dairy & Drinks
(AG2020/3343)

LION DAIRY & DRINKS CRESTMEAD ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 NOVEMBER 2020

Application for approval of the Lion Dairy & Drinks Crestmead Enterprise Agreement 2020.

[1] Lion-Dairy & Drinks Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Lion Dairy & Drinks Crestmead Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 November 2020 and, in accordance with s 54, will operate from 2 December 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Lion Dairy & Drinks, applied for the approval of the Lion Dairy & Drinks Crestmead Enterprise Agreement 2020. The respondent, United Voice, a trade union, raised objections to the application. The dispute centred around various terms and conditions of the proposed enterprise agreement, including pay rates, shift penalties, and other employment-related matters.

The key legal issues the court needed to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court examined if the agreement provided for the fair and efficient resolution of workplace issues and if it had been genuinely negotiated between the parties. The court also considered whether the agreement met the "better off overall test" and did not contain any provisions that were contrary to public policy.

After reviewing the submissions and evidence presented by both parties, the court found that the proposed agreement did meet the statutory criteria for approval. The court determined that the agreement provided for the fair and efficient resolution of workplace issues and had been genuinely negotiated. Furthermore, the court concluded that the agreement was better off overall for the employees and did not contain any provisions that were contrary to public policy.

The court approved the Lion Dairy & Drinks Crestmead Enterprise Agreement 2020, allowing it to come into effect as per the terms outlined in the agreement. This decision provided clarity and certainty to both the employer and the employees regarding their rights and obligations under the new enterprise agreement.

LION DAIRY & DRINKS CRESTMEAD ENTERPRISE AGREEMENT 2020

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established