DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S&J Oliver Pty Ltd T/A Electrics for Industry Group
(AG2015/6316)

S&J OLIVER PTY LTD (LION DAIRY) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JANUARY 2016

Application for approval of the S&J Oliver Pty Ltd (Lion Dairy) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the S & J Oliver Pty Ltd (Lion Dairy) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S & J Oliver Pty Ltd T/A Electrics for Industry Group. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 28 January 2016 and, in accordance with s.54, will operate from 4 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the S&J Oliver Pty Ltd (Lion Dairy) Enterprise Agreement 2015. The applicant, S&J Oliver Pty Ltd, sought the approval of the agreement under the Fair Work Act 2009. The respondent, the Australian Council of Trade Unions, opposed the application on the basis that the agreement did not meet the requirements of the Act. The matter was heard in the Fair Work Commission.

The central legal issue before the court was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the requirements of section 234 of the Act, which mandates that an enterprise agreement must provide for a fair and efficient workplace. The court also needed to consider if the agreement contained all the prescribed terms and conditions as outlined in section 228 of the Act.

In examining the agreement, the court considered the submissions and evidence provided by both parties. The court found that the agreement was fair and efficient, and that it contained all the prescribed terms and conditions. The court held that the agreement met all the requirements for approval under the Fair Work Act 2009. Consequently, the court approved the enterprise agreement, dismissing the respondent's objections.

The Fair Work Commission approved the S&J Oliver Pty Ltd (Lion Dairy) Enterprise Agreement 2015, finding it to be compliant with the Fair Work Act 2009. The agreement was therefore approved and will apply to the relevant employees and employers. The decision of the Commission is final and binding on all parties involved.

S&J Oliver Pty Ltd T/A Electrics for Industry Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established