DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Mills Pty Ltd
(AG2017/1289)

ALLIED MILLS TULLAMARINE FOOD MANUFACTURING ENTERPRISE AGREEMENT 2016 - 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 23 MAY 2017

Application for approval of the Allied Mills Tullamarine Food Manufacturing Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Tullamarine Food Manufacturing Enterprise Agreement 2016 – 2019 (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 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Allied Mills Tullamarine Food Manufacturing Enterprise Agreement 2016 - 2019, involving Allied Mills Pty Ltd and the Retail, Food and Allied Workers Union. The agreement in question proposed a set of terms and conditions for employees within the food manufacturing sector. The dispute centred on the appropriateness and fairness of the proposed agreement terms under the Fair Work Act 2009. The central legal issues that the Commission needed to resolve were whether the agreement provided for the best interests of the employees, complied with the minimum terms and conditions set by the Fair Work Act, and whether it had been genuinely bargained between the employer and the union. The Commission undertook a comprehensive review of the proposed agreement, considering the economic and practical implications for both the employees and the employer. It assessed the adequacy of the agreement in terms of employee protections, working conditions, and remuneration. Additionally, the Commission evaluated the process of bargaining to ensure it was free from any undue influence or coercion. The Commission concluded that the agreement met the statutory requirements and was in the best interests of the employees. It found that the terms and conditions were fair and balanced, providing adequate protections and benefits for the workers. The Commission also determined that the bargaining process was genuine, as it was conducted without any undue influence. Consequently, the Commission approved the Allied Mills Tullamarine Food Manufacturing Enterprise Agreement 2016 - 2019. The agreement is now in effect, governing the terms and conditions of employment for the specified period.

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