Allied Mills Pty Ltd Summary

[2014] FWCA 4639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Mills Pty Ltd
(AG2014/1300)

ALLIED MILLS PICTON ENTERPRISE AGREEMENT 2013-2015

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 JULY 2014

Application for approval of the Allied Mills Picton Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Picton Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Allied Mills Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 July 2014. The nominal expiry date of the Agreement is 17 July 2017.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Allied Mills Pty Ltd applied for the approval of the Allied Mills Picton Enterprise Agreement 2013-2015. The dispute arose from the company's desire to implement changes to the terms and conditions of employment for its employees at the Picton facility. The employees, represented by their union, opposed the proposed changes, leading to the application being heard by the Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining if the agreement provided for a fair and reasonable outcome for the employees and whether it complied with the minimum terms and conditions set out in the Fair Work Act. Additionally, the Commission had to consider if the agreement had been genuinely negotiated between the parties and whether it met the requirements for good faith bargaining.

The Commission carefully reviewed the terms of the proposed agreement, considering the submissions from both parties. It found that the agreement provided for a fair and reasonable outcome for the employees, taking into account their needs and the company's objectives. The Commission also determined that the agreement complied with the minimum terms and conditions set out in the Fair Work Act, and that it had been genuinely negotiated between the parties in good faith. As a result, the Commission approved the Allied Mills Picton Enterprise Agreement 2013-2015, confirming its validity and enforceability.

The Commission's decision was final, and the approved enterprise agreement came into effect from the date of the Commission's approval. The employees at the Picton facility were now bound by the terms of the agreement, which would govern their employment conditions for the specified period. The company could implement the changes it had proposed, while the employees could rely on the protections and benefits provided by the approved agreement.

Allied Mills Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established