DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Mills Pty Ltd
(AG2017/2066)

ALLIED PINNACLE MINTO NSW DISTRIBUTION ENTERPRISE AGREEMENT 2017-2020

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COMMISSIONER MCKINNON	MELBOURNE, 19 JULY 2017

Application for approval of the Allied Pinnacle Minto NSW Distribution Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Allied Pinnacle Minto NSW Distribution Enterprise Agreement 2017-2020. (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 14 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allied Mills Pty Ltd recently came before the Australian Industrial Relations Commission to seek approval for the Allied Pinnacle Minto NSW Distribution Enterprise Agreement 2017-2020. The applicant, Allied Mills, sought to have the enterprise agreement, which had been negotiated with the union representing its employees, formally approved and registered. The union, on behalf of its members, argued that the proposed agreement was fair and reasonable, providing adequate protections and benefits to the workforce. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in accordance with the "better off overall test" and whether it met the provisions regarding procedural fairness, good faith bargaining, and the protection of employees' rights. The court also needed to consider whether the agreement contained mandatory terms as required by the Act.

In evaluating the agreement, the court examined various aspects, including the process of negotiation, the terms proposed, and the protections offered to employees. The court assessed if the agreement had been negotiated in good faith and if the terms were fair and reasonable for the employees involved. The court also reviewed whether the agreement adequately protected employees' rights and if it met the "better off overall test," ensuring that employees were not worse off than under their previous conditions of employment. After thorough consideration, the court determined that the agreement met all the necessary criteria for approval under the Fair Work Act 2009.

Consequently, the court approved the Allied Pinnacle Minto NSW Distribution Enterprise Agreement 2017-2020, finding that it complied with the requirements of the Act. The court's decision was based on the thorough analysis of the negotiation process, the terms of the agreement, and the protections offered to employees. The final orders included the registration of the agreement, which would now be legally binding on both parties, ensuring the continued fair treatment and protection of employees within the scope of the agreement.

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