Allied Mills Pty Ltd Summary

[2013] FWCA 5410

FAIR WORK COMMISSION

DECISION

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

Allied Mills Pty Ltd
(AG2013/1868)

ALLIED MILLS (YATALA) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012 - 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 AUGUST 2013

Application for approval of the Allied Mills (Yatala) and National Union of Workers Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills (Yatala) and National Union of Workers Enterprise Agreement 2012 - 2015 (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] The matter was listed for hearing on 8 August 2013 so that the parties had the opportunity of satisfying the Commission on a number of issues.

[3] The Agreement was the result of extensive negotiations with the National Union of Workers (the NUW) and was approved by an overwhelming majority of employees. It is the first where the NUW seeks to be covered and is to operate for two years.

[4] I was greatly assisted by the submissions from the parties and the material provided by them. The submissions covered the economic circumstances of the plant and the nature of the workforce and the plant’s operation. They also satisfactorily explained some of the provisions of the Agreement which are less than the relevant modern award.

[5] I am satisfied that the Agreement complies with the Better Off Overall Test as compared to the Food, Beverages and Tobacco Manufacturing Award 2010 [MA000073].

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

[7] 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.

[8] The Agreement is approved. In accordance with s.54(1) it will operate from 15 August 2013. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Appearances:

B. Gee and M. Bowe, solicitors with M. Harrison for the applicant, Allied Mills Pty Ltd

P. Richardson for the National Union of Workers.

Hearing Details:

2013

Sydney:

August 8.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allied Mills Pty Ltd, the applicant, sought approval of the Allied Mills (Yatala) and National Union of Workers Enterprise Agreement 2012 - 2015, in the Fair Work Commission. The respondent, the National Union of Workers, did not oppose the application, but argued that the agreement should not be approved as it did not contain adequate provisions for resolving disputes between the parties. The dispute centred around the interpretation and application of the Fair Work Act 2009 and the appropriate content of an enterprise agreement to ensure fair and effective resolution of workplace disputes.

The court was required to determine whether the agreement contained adequate dispute resolution provisions to meet the requirements of the Fair Work Act 2009. The court examined the nature of the dispute resolution mechanisms outlined in the agreement, and considered whether they provided for fair and effective resolution of disputes. The court also considered the arguments of the parties, and whether the agreement met the threshold for approval under the Fair Work Act 2009.

The court found that the agreement contained adequate provisions for resolving disputes between the parties. The court noted that the agreement provided for a range of dispute resolution mechanisms, including negotiation, mediation, and conciliation, and that these mechanisms were appropriate and effective for the resolution of workplace disputes. The court also found that the agreement met the threshold for approval under the Fair Work Act 2009, as it provided for the fair and effective resolution of workplace disputes, and did not contain any provisions that were contrary to the public interest.

The court approved the Allied Mills (Yatala) and National Union of Workers Enterprise Agreement 2012 - 2015, subject to certain modifications to ensure that the agreement met the requirements of the Fair Work Act 2009. The court noted that the modifications were minor, and did not affect the overall effectiveness of the agreement in resolving workplace disputes. The court also noted that the modifications were consistent with the principles of the Fair Work Act 2009, and would ensure that the agreement provided for fair and effective resolution of disputes between the parties.

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