Lion Pty Ltd

[2022] FWCA 2670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lion Pty Ltd

(AG2022/3134)

Castlemaine Perkins Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 5 AUGUST 2022

Application for approval of the Castlemaine Perkins Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Castlemaine Perkins Enterprise Agreement 2022 (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.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the United Workers’ Union (UWU) have both lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU and the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Lion Pty Ltd for approval of the Castlemaine Perkins Enterprise Agreement 2022. Lion Pty Ltd, a major player in the brewing and beverage industry in Australia, sought approval of the new enterprise agreement to govern the terms and conditions of employment for its workers. The application followed negotiations between Lion Pty Ltd and the relevant unions representing the employees. The dispute centred around various aspects of the proposed agreement, including wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, and whether it was made in good faith and without coercion. Key points of contention were the adequacy of the proposed wages and conditions, the inclusion of certain provisions related to dispute resolution, and whether the agreement was genuinely negotiated and agreed upon by the parties. The unions argued that the agreement did not adequately protect the interests of the workers, while Lion Pty Ltd contended that the agreement was fair and balanced.

In its decision, the Commission considered the evidence and submissions from both parties. It found that the proposed agreement generally met the requirements of the Fair Work Act. The Commission emphasised the importance of good faith bargaining and noted that the agreement had been negotiated over an extended period with input from both parties. While the Commission acknowledged some concerns raised by the unions, it concluded that the agreement was fair and reasonable, taking into account the broader economic context and the need for a sustainable business environment. The Commission approved the Castlemaine Perkins Enterprise Agreement 2022, subject to minor modifications to address specific concerns.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established