Blue Lake Milling Pty Ltd T/A Blue Lake Milling Pty Ltd

[2024] FWCA 2938

[2024] FWCA 2938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Blue Lake Milling Pty Ltd T/A Blue Lake Milling Pty Ltd

(AG2024/2762)

BLUE LAKE MILLING PTY LTD AND THE UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 12 AUGUST 2024

Application for approval of the Blue Lake Milling Pty Ltd & United Workers Union Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Blue Lake Milling Pty Ltd & United Workers Union Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Blue Lake Milling Pty Ltd T/A Blue Lake Milling Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 30 July 2024.

1. On 6 August 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Agreement was not lodged within 14 days after it was made as a result of an incident involving a member of Applicants lodgement representative’s family. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 22 July 2024.

1. The Applicant has submitted an undertaking in the required form 6 August 2024. The undertaking deals with the following topics:

·  The delegates’ rights terms contained in the Manufacturing and Associated Industries and Occupations Award 2020 and Food, Beverage and Tobacco Manufacturing Award 2020 are taken to be a term of the Agreement.

·  Despite Clause 34.3(a), the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, not the majority of employees.

·  Despite Appendix A, Full and Part Time Production Employees at Level 1 will receive an hourly rate of pay that is $1.00 more than the rate of pay specified in Classification Level 1 of the Food, Beverage and Tobacco Manufacturing Award 2020.

·  Despite Appendix B, Clause 4.2, Supported Wage Employees will receive a minimum amount of no less than $108 per week.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The United Workers’ Union, 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 this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2027.

COMMISSIONER

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