DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cargill Australia Ltd
(AG2016/461)

CARGILL AUSTRALIA LIMITED TAMWORTH ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	SYDNEY, 22 MARCH 2016

Application for approval of the Cargill Australia Limited Tamworth Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cargill Australia Limited Tamworth Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cargill Australia Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The United Voice 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.

[4] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will operate from 29 March 2016. The nominal expiry date of the Agreement is 11 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cargill Australia Limited, sought approval of the 2015 Tamworth Enterprise Agreement from the Fair Work Commission. The applicant argued the agreement was appropriate for the employees at its Tamworth facility. The dispute involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act, including whether it contained appropriate minimum terms and conditions and whether it was made in good faith.

The primary issue before the Commission was whether the agreement contained appropriate minimum terms and conditions as required by section 235 of the Act. Additionally, the Commission had to consider whether the agreement was made in good faith, as required by section 230 of the Act. The applicant contended that the agreement contained appropriate minimum terms and conditions, including those relating to wages, hours of work, and other employment conditions. The applicant also argued that the agreement was made in good faith, as it was the result of genuine negotiations between the parties.

The Commission found that the agreement contained appropriate minimum terms and conditions, including those relating to wages, hours of work, and other employment conditions. The Commission also found that the agreement was made in good faith, as it was the result of genuine negotiations between the parties. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases and improved working conditions. The Commission concluded that the agreement met the requirements of the Act and was appropriate for the employees at the Tamworth facility.

Accordingly, the Fair Work Commission approved the Cargill Australia Limited Tamworth Enterprise Agreement 2015, effective from 1 April 2015. The Commission found that the agreement contained appropriate minimum terms and conditions and was made in good faith. The approval of the agreement ensures that the employees at the Tamworth facility will benefit from improved employment conditions, including wage increases and other benefits.

Cargill Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established