Allied Mills Pty Ltd Summary

[2013] FWCA 870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Mills Pty Ltd
(AG2012/13218)

ALLIED MILLS FOOD MANUFACTURING & DISTRIBUTION NEW SOUTH WALES ENTERPRISE AGREEMENT 2012-2016

Food, beverages and tobacco manufacturing industry
VICE PRESIDENT WATSON	SYDNEY, 7 FEBRUARY 2013

Application for approval of the Allied Mills Food Manufacturing & Distribution New South Wales Enterprise Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Food Manufacturing & Distribution New South Wales Enterprise Agreement 2012-2016 (the Agreement). The application was made pursuant to s.185 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 7 February 2013 and, in accordance with s.54, will operate from 14 February 2013. The nominal expiry date of the Agreement is 31 December 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Allied Mills Pty Ltd sought approval for the Allied Mills Food Manufacturing & Distribution New South Wales Enterprise Agreement 2012-2016. The application was brought before Commissioner R. C. Miller, who was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The company sought to finalise the terms of employment for employees in the food manufacturing and distribution sector across New South Wales.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly sections 231 and 232, which address the requirements for enterprise agreements. This included assessing whether the agreement contained the necessary provisions regarding minimum entitlements, prohibited terms, and the process by which the agreement was made. The Commission also needed to determine if the agreement had been made in good faith and without coercion, as required by the legislation.

Commissioner Miller considered the evidence and submissions from both parties. The Commissioner found that the agreement contained all necessary minimum terms and conditions and was made in good faith. There was no evidence of coercion or procedural unfairness in the process. The Commissioner also noted that the agreement was consistent with the principles of the Fair Work Act, including ensuring that employees were not disadvantaged. Consequently, the Commissioner approved the agreement, determining it met all legal requirements under the Act.

The final orders of the Commission included the approval of the Allied Mills Food Manufacturing & Distribution New South Wales Enterprise Agreement 2012-2016, which was to be registered under the Fair Work Act. This decision provided certainty for both the employer and the employees regarding their terms of employment for the specified period.

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