Blue Lake Milling Pty Ltd

[2022] FWCA 503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Blue Lake Milling Pty Ltd

(AG2021/9174)

Blue Lake Milling Pty Ltd and the United Workers Union Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 15 FEBRUARY 2022

Application for approval of the Blue Lake Milling Pty Ltd and the United Workers Union Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Blue Lake Milling Pty Ltd and the United Workers Union Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blue Lake Milling Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Blue Lake Milling Pty Ltd and the United Workers Union Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which has the authority to approve, modify, or reject enterprise agreements under the Fair Work Act 2009. The primary dispute centred around the terms and conditions outlined in the proposed agreement, specifically those related to employment practices, wages, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement complied with the procedural and substantive requirements set forth by the Fair Work Act. This involved assessing if the agreement was fairly negotiated, if it contained the necessary provisions as mandated by law, and if the application process was correctly followed. The Commission also needed to consider whether the agreement would unduly harm employees or employers and whether it met the standards of good faith bargaining and procedural fairness.

In delivering its decision, the Commission evaluated the evidence presented and the submissions made by both parties. It found that the agreement was fairly negotiated and contained all necessary provisions, including those related to minimum wages, working hours, and dispute resolution processes. The Commission noted that the agreement met the statutory requirements and did not contain any terms that would cause significant harm to either party. It concluded that the application should be approved, as it satisfied the legal criteria for an enterprise agreement under the Fair Work Act.

Accordingly, the Fair Work Commission approved the Blue Lake Milling Pty Ltd and the United Workers Union Enterprise Agreement 2021, effective from the date of the decision. This approval allows the agreement to govern the employment terms and conditions between the parties, subject to the continued compliance with 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