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

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Malanda Dairyfoods Pty Ltd, trading as Lion Dairy and Drinks, filed an application for the approval of the Lion Dairy and Drinks Malanda Enterprise Agreement 2019 before the Fair Work Commission. The application concerned the terms and conditions of employment for employees within the company, seeking formal recognition and enforcement of the agreement. The Fair Work Commission, with its jurisdiction under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issues before the Commission involved the scrutiny of the agreement's compliance with the provisions of the Fair Work Act, including the assessment of whether the agreement provided for the fair remuneration and conditions of employment, and if it had been genuinely negotiated between the employer and the employees' representatives. The Commission also needed to consider whether the agreement adequately provided for the rights and protections of the employees, including any necessary provisions for dispute resolution and the maintenance of industrial peace.

In its reasoning, the Commission examined the provisions of the agreement and the evidence presented regarding the negotiation process. The Commission found that the agreement did comply with the requirements of the Fair Work Act, noting that it included fair terms and conditions of employment and had been negotiated in good faith. The agreement was found to provide for adequate remuneration, conditions, and dispute resolution mechanisms. The Commission approved the agreement, concluding that it met the necessary legal standards for formal recognition and enforcement.

The final orders of the Commission included the approval of the Lion Dairy and Drinks Malanda Enterprise Agreement 2019, which would now be binding on the parties involved. The agreement was to be registered, and its terms and conditions would govern the employment relationship between Malanda Dairyfoods Pty Ltd and the relevant employees. The decision ensured that the agreement would be enforceable, providing clarity and stability in the employment relationship moving forward.

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