DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Mills Pty Ltd
(AG2017/1866)

ALLIED MILLS TENNYSON ENTERPRISE AGREEMENT 2017 - 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 8 JUNE 2017

Application for approval of the Allied Mills Tennyson Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Tennyson 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 15 June 2017. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Allied Mills Pty Ltd, sought approval of the Allied Mills Tennyson Enterprise Agreement 2017-2020 in the Fair Work Commission. The applicant submitted the agreement to the Commission under section 233 of the Fair Work Act 2009 for its approval as a registered agreement. The application was made in the context of a dispute between the applicant and the Australian Manufacturing Workers’ Union, which represented the employees.

The primary legal issue before the Commission was whether the agreement was a "bargaining agreement" within the meaning of section 172 of the Act, and thus eligible for registration. The Commission had to consider whether the agreement was genuinely negotiated between the parties, whether it contained the required minimum terms and conditions, and whether it complied with the procedural requirements set out in the Act. Furthermore, the Commission had to determine whether the agreement met the "better off overall test" under section 186(1)(b) of the Act, meaning that the employees would be no worse off financially and at least one employee would be better off financially as a result of the agreement.

The Fair Work Commission found that the Allied Mills Tennyson Enterprise Agreement 2017-2020 was a genuine bargaining agreement and contained the required minimum terms and conditions. The Commission noted that the agreement had been negotiated between the applicant and the union, and that it met the procedural requirements of the Act. The Commission also found that the agreement passed the "better off overall test" as it provided for a pay increase, amongst other benefits, that would result in employees being better off overall. Therefore, the Commission approved the agreement and registered it as a registered agreement.

The Fair Work Commission approved the Allied Mills Tennyson Enterprise Agreement 2017-2020 and registered it as a registered agreement. The agreement will now apply to the employees represented by the Australian Manufacturing Workers’ Union for the period of 2017 to 2020.

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