DECISION

Fair Work Act 2009
s.185—Enterprise agreement

General Mills Australia Pty Limited
(AG2021/6575)

GENERAL MILLS MANUFACTURING AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT (ROOTY HILL) 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 AUGUST 2021

Application for approval of the General Mills Manufacturing Australia Pty. Ltd. Enterprise Agreement (Rooty Hill) 2021.

[1] An application has been made for approval of an enterprise agreement known as the General Mills Manufacturing Australia Pty. Ltd. Enterprise Agreement (Rooty Hill) 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 August 2021. The nominal expiry date of the Agreement is 11 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved General Mills Australia Pty Limited, an employer, and the union representing its employees, in relation to an enterprise agreement. The union had submitted the General Mills Manufacturing Australia Pty. Ltd. Enterprise Agreement (Rooty Hill) 2021 for approval, and the employer had raised several objections to certain provisions of the agreement. The matter was heard by the Commission, which was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission needed to address were whether the agreement was genuinely negotiated, contained only permissible matters, and was fair and reasonable. The employer contested the agreement on various grounds, including concerns about the negotiation process, the inclusion of certain provisions, and the fairness of specific terms. The Commission needed to assess these objections in light of the relevant statutory criteria and relevant jurisprudence.

In evaluating the objections, the Commission considered the evidence presented by both parties regarding the negotiation process and the content of the agreement. It found that the union had provided satisfactory evidence of genuine negotiation and that the provisions of the agreement were within the scope of permissible matters. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the overall context and the interests of both employees and the employer. Consequently, the Commission approved the General Mills Manufacturing Australia Pty. Ltd. Enterprise Agreement (Rooty Hill) 2021, rejecting the employer's objections and confirming the agreement's validity.

In light of the findings, the Commission made an order approving the General Mills Manufacturing Australia Pty. Ltd. Enterprise Agreement (Rooty Hill) 2021. The agreement was deemed to be genuinely negotiated, to contain only permissible matters, and to be fair and reasonable. The employer's objections were dismissed, and the agreement was registered, becoming a legally binding contract between the employer and the union. This outcome ensured that the employees covered by the agreement would benefit from the terms and conditions set out in the approved enterprise agreement.

General Mills Australia 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