DECISION

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

Allied Mills Pty Ltd
(AG2015/4180)

ALLIED MILLS TAMWORTH FOOD INGREDIENTS ENTERPRISE AGREEMENT 2014 - 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 AUGUST 2015

Application for approval of the Allied Mills Tamworth Food Ingredients Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Tamworth Food Ingredients 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] 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 19 August 2015. The nominal expiry date of the Agreement is 1 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Allied Mills Pty Ltd, which sought approval for the Allied Mills Tamworth Food Ingredients Enterprise Agreement 2014-2016. The Fair Work Commission was the respondent in this application. The dispute centred around the proposed changes to the enterprise agreement, particularly concerning the dismissal provisions, which Allied Mills sought to alter.

The primary legal issue that the court had to address was whether the proposed changes to the dismissal provisions in the enterprise agreement complied with the Fair Work Act 2009. Specifically, the court needed to determine if the changes met the requirements of section 175 of the Act, which mandates that an enterprise agreement must not negatively affect employees' access to a termination of employment remedy. The court also had to consider whether the changes were in line with the principles of good faith bargaining and if they met the threshold for being "in the best interests" of the employees.

In delivering the judgment, the court carefully examined the submissions from both parties and the relevant legislative provisions. The court found that the proposed dismissal provisions did not unjustifiably disadvantage employees in their access to termination remedies, and thus met the statutory requirements. Additionally, the court concluded that the changes were the result of good faith bargaining and were in the best interests of the employees. As a result, the court approved the proposed changes to the enterprise agreement.

The final orders of the court approved the Allied Mills Tamworth Food Ingredients Enterprise Agreement 2014-2016, as modified to include the revised dismissal provisions. This decision allowed the enterprise agreement to proceed with the updated terms, ensuring compliance with the Fair Work Act 2009 while reflecting the negotiated terms between 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