Allied Mills Pty Ltd

[2015] FWCA 5526

[2015] FWCA 5526

FAIR WORK COMMISSION

DECISION

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

Allied Mills Pty Ltd
(AG2015/4086)

ALLIED MILLS KINGSGROVE ENTERPRISE AGREEMENT 2014 - 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 AUGUST 2015

Application for approval of the Allied Mills Kingsgrove Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Kingsgrove Enterprise Agreement 2014-2016 (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 various aspects of the Milling Industry – General - Award 1999 [AW787949CRV] in the terms specified by clause 6 of the Agreement. Accordingly, with the agreement of the National Union of Workers, the employer has provided an undertaking which effectively attaches that superseded award to the Agreement. I note and accept 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 National Union of Workers, 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 24 August 2015. The nominal expiry date of the Agreement is 1 December 2016.

DEPUTY PRESIDENT

Annexure A

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