DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Dairy & Drinks Foods Limited T/A Lion
(AG2016/7329)

LION DAIRY AND DRINKS MORWELL ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 23 JANUARY 2017

Application for approval of the Lion Dairy and Drinks Morwell Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy and Drinks Morwell Enterprise Agreement 2016 (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 & Drinks Foods Limited T/A Lion. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Agreement was approved on 23 January 2017 and, in accordance with s.54, will operate from 30 January 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lion Dairy & Drinks Foods Limited, trading as Lion, applied to the Fair Work Commission for approval of the Lion Dairy and Drinks Morwell Enterprise Agreement 2016. The matter was heard by Commissioner McDonald. The primary issue before the Commission was whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it provided for terms and conditions that complied with the safety net provisions of the Act.

The Commission considered whether the bargaining process adhered to the principles of good faith and whether the terms of the agreement were fair and reasonable. It examined the context in which the agreement was made, the nature of the negotiations, and the content of the agreement itself. The Commission also assessed whether the agreement adequately covered all mandatory terms and conditions as per the Act, including minimum rates of pay, leave entitlements, and other employment standards. After reviewing the evidence and submissions, the Commission concluded that the agreement was made in good faith and satisfied the requirements of the Act. The Commission found that the terms of the agreement were fair and reasonable and complied with the safety net provisions.

Accordingly, the Commission approved the Lion Dairy and Drinks Morwell Enterprise Agreement 2016. The agreement now binds the parties and will serve as the basis for the terms and conditions of employment for the relevant employees.

Lion Dairy & Drinks Foods Limited 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