DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Mills Pty Ltd
(AG2017/601)

ALLIED MILLS MILE END SOUTH AUSTRALIA AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016-2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 24 MARCH 2017

Application for approval of the Allied Mills Mile End South Australia and National Union of Workers Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Mile End South Australia and National Union of Workers 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. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 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.

[6] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 16 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Allied Mills Pty Ltd, sought approval of an enterprise agreement under section 174 of the Fair Work Act 2009. The dispute involved the proposed agreement, which aimed to govern the employment terms of workers at the applicant's Mile End, South Australia facility. The National Union of Workers was the relevant union for the workers in question. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement had been negotiated in good faith, if it provided for a fair and efficient workplace, and if it complied with the "better off overall test". The Commission also had to consider if the agreement was in the best interests of the workers.

The Fair Work Commission determined that the agreement had been negotiated in good faith, was fair and efficient, and met the requirements of the Act. The Commission found that the agreement provided for a better overall outcome for the workers, including a 12% wage increase over three years, improved leave entitlements, and a process for resolving disputes. The Commission also noted that the agreement was in the best interests of the workers, as it provided for improved working conditions and job security. The Commission approved the agreement, which will now apply to the workers at the Mile End facility.

The Fair Work Commission approved the proposed enterprise agreement, subject to certain conditions. The agreement will now govern the employment terms of workers at the applicant's Mile End facility for the next three years.

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