DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion - Dairy & Drinks Pty Ltd T/A Lion
(AG2016/945)

LION DAIRY & DRINKS NSW LOGISTICS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the Lion Dairy & Drinks NSW Logistics Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy & Drinks NSW Logistics Enterprise Agreement 2015 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 1 July 2018

COMMISSIONER

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CaseChat Overview and Summary

Lion Dairy & Drinks Pty Ltd T/A Lion sought approval of the Lion Dairy & Drinks NSW Logistics Enterprise Agreement 2015, which was to replace the existing enterprise agreement. The application was made to the Fair Work Commission (FWC), which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute involved several unions, including the Shop, Distributive and Allied Employees Association (SDA) and the Australian Manufacturing Workers Union (AMWU), which had previously been involved in the negotiation of the existing agreement.

The legal issues before the FWC included whether the agreement was made in good faith, whether it provided for a genuine enterprise, and whether it contained the minimum terms and conditions required by the Fair Work Act. The unions argued that the agreement did not adequately protect the rights of employees, particularly in relation to redundancy payments and the classification of casual employees. Lion, on the other hand, argued that the agreement was fair and balanced and provided for a genuine enterprise.

In its decision, the FWC found that the agreement met the requirements of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and provided for a genuine enterprise. While the unions had raised concerns about certain provisions of the agreement, the FWC was satisfied that the overall terms and conditions were fair and reasonable. The Commission also noted that the agreement provided for a transitional period during which certain provisions would apply, which would provide for a smooth transition to the new agreement. The FWC approved the agreement, subject to certain conditions.

In summary, the FWC approved the Lion Dairy & Drinks NSW Logistics Enterprise Agreement 2015, finding that it met the requirements of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and provided for a genuine enterprise, and that the overall terms and conditions were fair and reasonable. The unions' concerns about certain provisions of the agreement were not sufficient to prevent the agreement from being approved. The agreement was approved subject to certain conditions, including a transitional period during which certain provisions would apply.

Lion - Dairy & 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