Allied Mills Pty Ltd

[2015] FWCA 5902

[2015] FWCA 5902

FAIR WORK COMMISSION

DECISION

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

Allied Mills Pty Ltd
(AG2015/3940)

ALLIED MILLS TENNYSON ENTERPRISE AGREEMENT 2015-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 AUGUST 2015

Application for approval of the Allied Mills Tennyson Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Tennyson Enterprise Agreement 2015-2017 (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] I had some concern that the Agreement was not clear and accessible because of the incorporation of the two Queensland Notional Agreement Preserving State Awards (NAPSAs) in clause 7 of the Agreement. These are the Grain and Associated Products Milling Award – Southern Division [AN140136] and the Engineering Award – State [AN140107]. Accordingly, the employer has provided an undertaking which sets out the relevant provisions of the NAPSAs that are incorporated in respect of:

● Hours of Work

● Annual Leave

● Public Holidays

● Meal Allowance

[4] 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 2 September 2015. The nominal expiry date of the Agreement is 1 April 2017.

DEPUTY PRESIDENT

Annexure A

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