Lion Pty Ltd Trading AS Stone & Wood Summary

[2025] FWCA 3293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Lion Pty Ltd Trading AS Stone & Wood

(AG2025/3222)

STONE & WOOD (BREWING AND PACKAGING) ENTERPRISE AGREEMENT 2025

Food, beverages and tobacco manufacturing industry
COMMISSIONER CRAWFORD	SYDNEY, 30 SEPTEMBER 2025

Application for approval of the Stone & Wood (Brewing & Packaging) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Stone & Wood (Brewing and Packaging) Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Lion Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lion Pty Ltd, trading as Stone & Wood, applied to the Fair Work Commission for approval of the Stone & Wood (Brewing & Packaging) Enterprise Agreement 2025. The agreement, which was negotiated between Lion Pty Ltd and the Food, Beverage and Tobacco Workers' Union, covers employees in the brewing and packaging sectors. The union opposed the application, raising concerns about various provisions of the agreement, including the impact on employee entitlements and the overall fairness of the agreement.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it was a genuine enterprise agreement, free from any improper influence, and whether it provided for the proper operation of the enterprise. The Commission also needed to determine if the agreement was in the best interests of the employees it covered. In examining these issues, the Commission considered the process by which the agreement was negotiated, the terms and conditions it contained, and the submissions made by both parties.

After thorough consideration, the Commission found that the agreement was genuinely negotiated and was not influenced by any improper means. The Commission noted that the agreement provided for the proper operation of the enterprise and contained provisions that were fair and reasonable in all the circumstances. The Commission also concluded that the agreement was in the best interests of the employees, taking into account the overall benefits and protections it offered. Accordingly, the Commission approved the Stone & Wood (Brewing & Packaging) Enterprise Agreement 2025.

The Fair Work Commission approved the application for the agreement, finding it to be genuine, free from improper influence, and in the best interests of the employees. The Commission's decision was based on the thorough negotiation process, the fairness of the terms, and the overall benefits provided by the agreement. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions set out in the approved enterprise agreement.

Lion Pty Ltd Trading AS Stone & Wood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established