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agreement of the National Union of Workers, the employer has provided an undertaking which effectively attaches that superseded award to the Agreement.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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Allied Mills Pty Ltd and its employees, represented by the Shop, Distributive and Allied Employees Association. The dispute pertains to the application for the approval of the Allied Mills Kingsgrove Enterprise Agreement 2014-2016. The Fair Work Commission, the body responsible for approving enterprise agreements, heard the application. The key legal issues before the Commission were whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009 and whether it was certified without any procedural errors.

The Fair Work Commission considered whether the agreement provided fair and appropriate protections for employees, including the right to a minimum rate of pay, maximum weekly hours, and adequate leave provisions. Additionally, the Commission examined whether the agreement allowed for the fair and efficient resolution of workplace disputes. The Commission also assessed whether the agreement was certified correctly, ensuring that all procedural requirements were met, such as proper notice and opportunity for employees to make submissions.

After careful consideration, the Fair Work Commission determined that the Allied Mills Kingsgrove Enterprise Agreement 2014-2016 met the legislative requirements and was certified without procedural errors. The Commission found that the agreement provided fair and appropriate protections for employees and allowed for the efficient resolution of workplace disputes. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as intended.

The Fair Work Commission's decision to approve the Allied Mills Kingsgrove Enterprise Agreement 2014-2016 ensures that the agreement will provide fair and appropriate protections for employees while allowing for the efficient resolution of workplace disputes. The Commission's approval allows the agreement to come into effect, providing a stable and predictable workplace environment for both employees and employers.

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