Malanda Dairyfoods Pty Ltd T/A Lion Dairy and Drinks

[2019] FWCA 8273

[2019] FWCA 8273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Malanda Dairyfoods Pty Ltd T/A Lion Dairy and Drinks
(AG2019/4238)

LION DAIRY AND DRINKS MALANDA ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 5 DECEMBER 2019

Application for approval of the Lion Dairy and Drinks Malanda Enterprise Agreement 2019.

[1] Malanda Dairyfoods Pty Ltd T/A Lion Dairy and Drinks (the Employer) has applied for approval of an enterprise agreement known as the Lion Dairy and Drinks Malanda Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Australian Workers’ Union (AWU), the AWU being a bargaining representative for the Agreement. The AWU wrote to my chambers and stated that it is content with the Employer’s proposed undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2019. The nominal expiry date of the Agreement is three years from the date it comes into force.

COMMISSIONER

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Annexure A: