DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion-Dairy & Drinks Pty Ltd T/A Lion-Dairy & Drinks
(AG2020/3898)

LION DAIRY & DRINKS WETHERILL PARK ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILLIAMS	PERTH, 25 JANUARY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks Wetherill Park Enterprise Agreement 2020 (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 Pty Ltd T/A Lion-Dairy & Drinks. The Agreement is a single-enterprise agreement.

[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] The Transport Workers’ Union, and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lion-Dairy & Drinks Pty Ltd, trading as Lion-Dairy & Drinks, applied to the Fair Work Commission for approval of the Lion Dairy & Drinks Wetherill Park Enterprise Agreement 2020. The application arose from negotiations between the employer and the employees represented by the Shop, Distributive and Allied Employees Association. The nature of the dispute involved the terms and conditions of employment for employees within the Wetherill Park enterprise of the company.

The legal issues before the Commission were whether the agreement was appropriately negotiated, whether it contained all the required terms, and whether it complied with the relevant legislative provisions under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for proper minimum terms, and if it was free from any unlawful content.

The Fair Work Commission assessed the negotiation process, finding that it had been conducted in good faith, with adequate representation and participation from both parties. The Commission examined the content of the agreement and found that it provided for all the mandated minimum terms, including provisions for wages, hours of work, and other conditions of employment. Additionally, the agreement did not include any unlawful content. Consequently, the Commission approved the agreement, confirming that it met all the necessary requirements under the Act.

As a result of this decision, the Lion Dairy & Drinks Wetherill Park Enterprise Agreement 2020 was formally approved and will apply to the employees within the specified enterprise. The approval signifies that the agreement is legally binding and will govern the employment conditions for the relevant workforce.

Lion-Dairy & Drinks Pty Ltd T/A Lion-Dairy & Drinks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established