General Mills Manufacturing Australia Pty Limited Summary

[2024] FWCA 3050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

General Mills Manufacturing Australia Pty Limited

(AG2024/2820)

GENERAL MILLS MANUFACTURING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT (ROOTY HILL) 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER P RYAN	SYDNEY, 20 AUGUST 2024

Application for approval of the General Mills Manufacturing Australia Pty Ltd Enterprise Agreement (Rooty Hill) 2024

General Mills Manufacturing Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the General Mills Manufacturing Australia Pty Ltd Enterprise Agreement (Rooty Hill) 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the FW Regulations is taken to be a term of the Agreement.

Delegates’ rights term

Pursuant to s.205A(2) of the FW Act, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 27 August 2024. The nominal expiry date of the Agreement is 11 February 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved General Mills Manufacturing Australia Pty Limited, an employer, and the relevant trade union, who sought approval for the General Mills Manufacturing Australia Pty Ltd Enterprise Agreement (Rooty Hill) 2024. The dispute was heard by the Fair Work Commission. The union argued that the agreement was fair and appropriate, while the employer contested certain provisions, primarily focusing on their implications for workforce management and operational flexibility.

The legal issues before the Commission centred on whether the agreement met the criteria for being deemed "fair and appropriate" under the Fair Work Act 2009. Specifically, the employer challenged the fairness of certain clauses related to employee entitlements, procedural fairness, and operational flexibility. The union defended these provisions, asserting they were necessary to protect employee rights and ensure fair treatment.

The Fair Work Commission carefully examined the agreement, considering the balance between the rights of the employer and the protections afforded to employees. The Commission found that while some provisions were contentious, the overall agreement provided a fair and appropriate framework for the employment relationship. The employer's concerns about operational flexibility were addressed by allowing for necessary adjustments, and the employee protections were deemed necessary to maintain fairness and equity in the workplace.

The Fair Work Commission approved the General Mills Manufacturing Australia Pty Ltd Enterprise Agreement (Rooty Hill) 2024, recognising its overall fairness and appropriateness for the parties involved. The decision affirmed the importance of balancing the interests of both employers and employees within the framework of the Fair Work Act 2009.

General Mills Manufacturing Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established