Allied Mills Pty Ltd T/A Allied Mills

[2014] FWCA 3444

The attached document replaces the document previously issued with the above code on 3 June 2014.

The decision is amended by deleting the word “Freemantle” where it appears in the Agreement title in the preamble and replacing it with the word “Fremantle”.

Kylie Kinsela

Associate to Deputy President McCarthy

Dated 6 June 2014

[2014] FWCA 3444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allied Mills Pty Ltd T/A Allied Mills
(AG2014/1108)

ALLIED MILLS AND NATIONAL UNION OF WORKERS NORTH FREMANTLE ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 JUNE 2014

Application for approval of the Allied Mills and the National Union of Workers North Fremantle Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills and the National Union of Workers North Fremantle Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Section 185(2) of the Act provides that an application for approval of a single-enterprise agreement must be accompanied by a signed copy of the agreement. Regulation 2.06A of the Fair Work Regulations sets out the requirements for signing an agreement. An Agreement must be signed by both the Employer and at least one bargaining representative. A copy of the Agreement signed by both the Employer and the Employee Bargaining Representative was lodged at the Fair Work Commission on 14 May 2014. The application was therefore not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to 14 May 2014.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allied Mills Pty Ltd, trading as Allied Mills, sought approval for the Allied Mills and the National Union of Workers North Fremantle Enterprise Agreement 2014-2017. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009. The key issues before the Commission were whether the agreement provided for the fair and efficient operation of the workplace, and whether it was made in accordance with the relevant legal requirements.

The Commission examined whether the agreement provided for the protection of employees' rights and interests, and whether it was negotiated in good faith. The National Union of Workers argued that the agreement did not adequately protect workers' rights and that it was not made in good faith. In response, Allied Mills contended that the agreement was negotiated in good faith and that it provided for the fair and efficient operation of the workplace. The Commission found that the agreement was made in good faith and that it provided for the fair and efficient operation of the workplace. The Commission also found that the agreement met the legal standards for approval under the Fair Work Act.

The Fair Work Commission approved the Allied Mills and the National Union of Workers North Fremantle Enterprise Agreement 2014-2017, finding that it met the legal standards for approval. The Commission held that the agreement was made in good faith and that it provided for the fair and efficient operation of the workplace. The Commission also found that the agreement provided for the protection of employees' rights and interests. The decision of the Commission was that the agreement was approved as a certified agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established