DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cargill Australia Ltd
(AG2016/555)

CARGILL AUSTRALIA LIMITED VICTORIA AND TASMANIA PLANT OPERATOR ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 6 APRIL 2016

Application for approval of the Cargill Australia Limited Victoria and Tasmania Plant Operator Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cargill Australia Limited Victoria and Tasmania Plant Operator 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] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Cargill Australia Limited, applied for approval of the Enterprise Agreement made with the union representing its employees at the Victoria and Tasmania plant. The union in question is the relevant trade union for the employees. The dispute was heard in the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the proper representation of the employees. The Commission had to consider if the union genuinely represented the majority of the employees and if the agreement was made in good faith. Additionally, the Commission needed to assess if the agreement met the requirements for a valid enterprise agreement, including provisions for minimum entitlements and the proper process for making the agreement.

The Fair Work Commission found that the union genuinely represented the majority of the employees and that the agreement was made in good faith. The Commission was satisfied that the agreement complied with all statutory requirements, including the provision of minimum entitlements and procedural fairness. The Commission approved the Enterprise Agreement, recognising it as a valid and enforceable agreement between Cargill Australia Limited and the union.

The Fair Work Commission approved the Cargill Australia Limited Victoria and Tasmania Plant Operator Enterprise Agreement 2015, confirming its validity and enforceability under the Fair Work Act. The agreement is now binding on the parties and will govern the terms and conditions of employment for the employees at the specified plant.

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