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
(AG2015/4036)

LION DAIRY AND DRINKS MALANDA ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 SEPTEMBER 2015

Application for approval of the Lion Dairy and Drinks Malanda Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lion Dairy and Drinks Malanda Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Australian 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 15 September 2015. The nominal expiry date of the Agreement is 15 September 2019.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Malanda Dairyfoods Pty Ltd T/A Lion Dairy and Drinks was before the Fair Work Commission. The company sought approval for the Lion Dairy and Drinks Malanda Enterprise Agreement 2015. The dispute revolved around the fairness and appropriateness of the terms and conditions outlined in the proposed agreement for the employees of the company. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of procedural fairness and the protection of employees’ rights.

The Fair Work Commission undertook a detailed analysis of the proposed agreement, considering the nature of the enterprise, the bargaining positions of the parties, and the terms and conditions proposed. The Commission examined whether the agreement provided for procedural fairness, ensuring that employees had an opportunity to be involved in the bargaining process. The Commission also assessed whether the agreement protected the rights of employees, including provisions for minimum wages, hours of work, and other entitlements. The Commission concluded that the proposed agreement met the necessary criteria for approval, finding that it provided for procedural fairness and adequately protected the rights of employees.

The Fair Work Commission approved the Lion Dairy and Drinks Malanda Enterprise Agreement 2015, finding it to be fair and appropriate. The Commission determined that the agreement provided for procedural fairness and adequately protected the rights of employees, meeting the requirements of the Fair Work Act 2009. The approval of the agreement was subject to specific conditions, ensuring that the terms and conditions would be implemented in a manner consistent with the principles of the Act.

Malanda Dairyfoods Pty Ltd T/A Lion Dairy and Drinks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established