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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allied Mills Pty Ltd, a milling and grain distribution company, brought an application before the Fair Work Commission (FWC) seeking approval of the Allied Mills Tennyson Enterprise Agreement 2015-2017. The respondents to the application included various unions and employee representatives who contested the terms of the proposed agreement. The central issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly whether it had been fairly and genuinely negotiated and if it contained appropriate provisions for employee rights and protections.

The Commission examined the process by which the agreement was negotiated, assessing the evidence provided by both parties to determine if the bargaining was genuine and fair. The Commission also scrutinized the contents of the proposed agreement to ensure that it complied with the Fair Work Act, including provisions for minimum entitlements, safety, and procedural fairness. The unions argued that certain terms of the agreement were not adequately negotiated and did not sufficiently protect employee interests. In response, Allied Mills provided evidence to demonstrate the fairness of the negotiation process and the reasonableness of the terms.

After considering the arguments and evidence, the Commission found that the negotiation process was genuine and the agreement was fairly negotiated. The Commission also concluded that the terms of the agreement were appropriate and met the statutory requirements for approval. The Commission approved the Allied Mills Tennyson Enterprise Agreement 2015-2017, stating that it provided for fair and reasonable terms for both the employer and the employees.

Allied Mills Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established