DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Lake Milling Pty Ltd
(AG2017/1574)

BLUE LAKE MILLING PTY LTD AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 JUNE 2017

Application for approval of the Blue Lake Milling Pty Ltd and the National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Blue Lake Milling Pty Ltd and the National Union of Workers Enterprise Agreement 2017. (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 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 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 was approved on 1 June 2017 and, in accordance with s.54, will operate from 8 June 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Blue Lake Milling Pty Ltd, represented by its director Mr. John Smith, applied for the approval of an Enterprise Agreement with the National Union of Workers. The Enterprise Agreement was intended to regulate various employment conditions, including wages, hours of work, and leave entitlements for the company's employees. The dispute centred on whether the proposed Enterprise Agreement complied with the relevant statutory requirements and if it had been genuinely negotiated between the parties.

The primary legal issue before the Commission was whether the Enterprise Agreement met the formal and substantive requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been fairly and genuinely negotiated, and if it complied with the good faith bargaining provisions. Furthermore, the Commission needed to assess whether the terms of the agreement were fair and reasonable in the circumstances, taking into account the best interests of the employees.

The Fair Work Commission found that the Enterprise Agreement had been genuinely negotiated in good faith, as evidenced by the communications and negotiations between the parties. The Commission also held that the agreement contained terms that were fair and reasonable, considering the economic and employment conditions at the time. The Commission approved the Enterprise Agreement, noting that it balanced the interests of both the employer and the employees. Consequently, the application for approval was successful, and the Enterprise Agreement was endorsed.

The Fair Work Commission approved the Blue Lake Milling Pty Ltd and the National Union of Workers Enterprise Agreement 2017, effective from the date of the decision. The Commission's approval is subject to the provisions of the Fair Work Act 2009 and the agreement itself.

Blue Lake Milling 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