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

[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

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.

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

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.

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

The case involved Blue Lake Milling Pty Ltd, trading as Blue Lake Milling, and the United Workers Union. The Union sought approval of an enterprise agreement, which was contested by Blue Lake Milling. The matter was heard in the Fair Work Commission. The Union submitted an application for approval of the enterprise agreement, which included various terms and conditions for employees. Blue Lake Milling opposed the application, raising concerns about certain provisions in the agreement, particularly those relating to pay rates and conditions.

The Commission had to determine whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. This included considering whether the agreement provided for a fair and efficient workplace, and whether it was free from any provisions that would undermine the safety and health of employees. The Commission also had to assess whether the agreement was negotiated in good faith and whether it complied with relevant industrial laws.

In its decision, the Commission found that the enterprise agreement generally provided for a fair and efficient workplace. It acknowledged the need for reasonable pay rates and conditions that accommodated the specific needs of the employees. The Commission addressed the concerns raised by Blue Lake Milling and determined that the provisions in question did not undermine employee safety or health. It found that the agreement was negotiated in good faith and was compliant with the Fair Work Act. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement between Blue Lake Milling and the United Workers Union, subject to the terms and conditions set out in the agreement. The approval was contingent on the continued compliance with the Fair Work Act and other relevant industrial laws.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established