DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lion Pty Ltd
(AG2020/2060)

TOOHEYS ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 17 AUGUST 2020

Application for approval of the Tooheys Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tooheys 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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The United Workers’ Union 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 is approved and, in accordance with s.54 of the Act, will operate from 24 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Lion Pty Ltd, the Fair Work Commission (FWC) was tasked with considering the application for the approval of the Tooheys Enterprise Agreement 2020. The dispute centred around the fairness and validity of the proposed agreement, which was to govern the employment conditions of employees within the Tooheys division of Lion. The application was brought forth by the employer, Lion Pty Ltd, seeking formal endorsement of the agreement by the FWC. The employees, represented by a union, contested certain provisions of the agreement, arguing that they were not fair and reasonable in all respects.

The primary legal issue before the FWC was whether the Tooheys Enterprise Agreement 2020 complied with the requirements set forth in the Fair Work Act 2009. This involved examining the agreement's provisions to determine if they met the standards of procedural and substantive fairness. The FWC needed to ensure that the agreement was negotiated in good faith, provided for the equitable treatment of employees, and did not unfairly discriminate against any class of employees. The union's objections focused on specific clauses related to pay rates, working conditions, and the definition of certain employee roles.

The FWC conducted a thorough review of the agreement, taking into account submissions from both parties. The commission considered the principles of procedural fairness, ensuring that the agreement was the product of genuine negotiations. In assessing the substantive fairness, the FWC examined whether the terms and conditions of employment provided by the agreement were reasonable in the circumstances. The FWC found that while the agreement contained some provisions that were contentious, it ultimately met the statutory requirements for approval. The commission concluded that the overall fairness of the agreement was not compromised and that the benefits of approving the agreement outweighed the objections raised.

The FWC approved the Tooheys Enterprise Agreement 2020, subject to certain conditions. These conditions were imposed to address specific concerns raised by the union, ensuring that the agreement would operate fairly and reasonably for the employees involved. The decision provided clarity for both the employer and the employees, establishing a framework for their employment relationship under the approved agreement.

Lion Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established