DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cargill Malt Asia Pacific Pty Limited
(AG2019/259)

CARGILL MALT ASIA PACIFIC, DELACOMBE AND DEVONPORT PLANT OPERATOR ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 FEBRUARY 2019

Application for approval of the Cargill Malt Asia Pacific, Delacombe and Devonport Plant Operator Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cargill Malt Asia Pacific, Delacombe and Devonport Plant Operator Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cargill Malt Asia Pacific Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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] I observe that clause 7.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 was approved on 25 February 2019 and, in accordance with s.54, will operate from 4 March 2019. The nominal expiry date of the Agreement is 4 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cargill Malt Asia Pacific Pty Limited sought approval of an enterprise agreement. The dispute was before the Fair Work Commission, which is responsible for the resolution of workplace disputes in Australia. The central issue before the Commission was whether the proposed agreement was in compliance with the statutory requirements of the Fair Work Act 2009 and if it met the criteria for approval under the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was free from any coercion or undue influence, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission considered the evidence presented by both parties and reviewed the terms of the agreement. It examined whether the agreement was negotiated in good faith, if it covered all essential terms and conditions, and if it provided for fair and reasonable terms. The Commission also looked into whether the agreement was made without any coercion or undue influence and if it complied with the procedural requirements set out in the Fair Work Act 2009. After reviewing all the evidence and arguments, the Commission found that the agreement met all the necessary criteria for approval.

The Fair Work Commission approved the Cargill Malt Asia Pacific, Delacombe and Devonport Plant Operator Enterprise Agreement 2018, finding it to be in compliance with the statutory requirements and meeting the criteria for approval. The Commission noted that the agreement was negotiated in good faith, covered all essential terms and conditions, and provided for fair and reasonable terms. The Commission further found that the agreement was made without any coercion or undue influence and complied with the procedural requirements set out in the Fair Work Act 2009. The decision was made on the basis that the agreement was in the best interests of the employees and the employer.

Cargill Malt Asia Pacific Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established