Lion Pty Ltd T/A Tooheys Summary

[2023] FWCA 1994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lion Pty Ltd T/A Tooheys

(AG2023/2015)

TOOHEYS ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 3 JULY 2023

Application for approval of the Tooheys Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Tooheys Enterprise Agreement 2023 (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 T/A Tooheys. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 10 July 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Lion Pty Ltd T/A Tooheys applied to the Fair Work Commission for the approval of the Tooheys Enterprise Agreement 2023. The dispute arose from negotiations between the company and its employees, represented by the Liquor, Hospitality and Miscellaneous Workers' Union. The application was made under the Fair Work Act 2009, which provides a framework for the approval of enterprise agreements.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval, including compliance with the provisions of the Fair Work Act. This involved assessing whether the agreement contained all the mandatory terms and conditions, including minimum wages and conditions, and whether it was free from any prohibited content. Additionally, the Commission needed to determine whether the agreement had been made in good faith and whether the necessary procedural requirements had been satisfied.

The Fair Work Commission found that the Tooheys Enterprise Agreement 2023 complied with all the necessary statutory requirements. The agreement included all the mandated terms and conditions, and there were no prohibited contents. Furthermore, the Commission was satisfied that the agreement was made in good faith and that all procedural requirements had been met. Consequently, the Commission approved the agreement, enabling it to commence on the specified date.

The Fair Work Commission approved the Tooheys Enterprise Agreement 2023, effective from the date specified in the agreement. This decision resolves the dispute between Lion Pty Ltd T/A Tooheys and the Liquor, Hospitality and Miscellaneous Workers' Union, allowing the agreement to be implemented and providing clarity on the terms and conditions of employment for the affected employees.

Lion Pty Ltd T/A Tooheys

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established