DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Mills Pty Ltd
(AG2017/1132)

ALLIED MILLS BRENDALE ENTERPRISE AGREEMENT 2016 - 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 MAY 2017

Application for approval of the Allied Mills Brendale Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Brendale Enterprise Agreement 2016 - 2018 (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 T/a 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Allied Mills Pty Ltd, the Fair Work Commission (FWC) was presented with an application for the approval of the Allied Mills Brendale Enterprise Agreement 2016-2018. The dispute centred on the fairness and compliance of the proposed agreement, which was to govern the employment conditions of workers at Allied Mills' Brendale plant. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved the examination of the proposed agreement's adherence to the procedural and substantive requirements set out in the Act. This included assessing whether the agreement was made in good faith and whether it contained appropriate mechanisms for dispute resolution. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both employers and employees, and whether it complied with minimum standards of employment such as minimum wages and maximum hours.

In delivering its decision, the Commission found that the agreement was largely compliant with the relevant legislative requirements. The Commission noted that the agreement had been made in good faith and contained adequate provisions for dispute resolution. It also found that the agreement did not disadvantage employees and provided for fair terms and conditions of employment. The Commission was satisfied that the agreement balanced the interests of the parties and met the minimum standards set by the Act. Accordingly, the Commission approved the Allied Mills Brendale Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Allied Mills Brendale Enterprise Agreement 2016-2018, subject to the terms and conditions specified in the decision. This approval ensured that the agreement would govern the employment conditions of workers at the Brendale plant for the stipulated period, provided it remained compliant with the Fair Work Act.

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