Lion Pty Ltd

[2025] FWCA 2134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lion Pty Ltd

(AG2025/1950)

CASTLEMAINE PERKINS ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 30 JUNE 2025

Application for approval of the Castlemaine Perkins Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Castlemaine Perkins Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lion Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the United Workers' Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU and UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lion Pty Ltd, a company involved in the brewing and beverage industry, applied to the Fair Work Commission for approval of the Castlemaine Perkins Enterprise Agreement 2025. The application was contested by the Australian Manufacturing Workers' Union, which represented the employees. The dispute centred on the fairness and compliance of the proposed enterprise agreement with the requirements of the Fair Work Act 2009.

The court was required to determine whether the proposed agreement was procedurally sound and whether it complied with the formal requirements of the Fair Work Act. Additionally, the court needed to assess whether the agreement was made in good faith and whether it provided for the proper protection of employees' rights and interests. The court also considered the adequacy of the process followed in negotiating the agreement, including whether the union had been adequately consulted.

The Fair Work Commission found that the proposed agreement met the necessary procedural and formal requirements under the Fair Work Act. The commission determined that the agreement was made in good faith and provided for the proper protection of employees' rights and interests. The commission further concluded that the process followed in negotiating the agreement was adequate, and the union had been appropriately consulted. Consequently, the commission approved the Castlemaine Perkins Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established