DECISION

Fair Work Act 2009
s.185—Enterprise agreement

General Mills Manufacturing Australia Pty Ltd
(AG2017/3778)

GENERAL MILLS MANUFACTURING PTY LTD – MT WAVERLY MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the General Mills Manufacturing Pty Ltd - Mt Waverley Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the General Mills Manufacturing Pty Ltd - Mt Waverley Maintenance Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by General Mills Manufacturing Australia Pty 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved General Mills Manufacturing Australia Pty Ltd, a company, and its employees represented by the Australian Manufacturing Workers' Union. The dispute centred on the application for the approval of the General Mills Manufacturing Pty Ltd - Mt Waverley Maintenance Enterprise Agreement 2017. The application was brought before the Fair Work Commission.

The key legal issues the court had to address were whether the agreement met the requirements of section 230 of the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the court had to consider if the agreement provided for fair and reasonable terms and conditions of employment, including pay and other entitlements, and whether it was free from coercion and undue influence.

The court examined the evidence presented by both parties and considered the terms of the agreement. The court found that the agreement met the requirements of section 230 of the Fair Work Act and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including pay and other entitlements, and that it was free from coercion and undue influence.

As a result, the court approved the General Mills Manufacturing Pty Ltd - Mt Waverley Maintenance Enterprise Agreement 2017. The agreement now constitutes a registered agreement under the Fair Work Act, and the employees covered by the agreement are bound by its terms.

General Mills Manufacturing Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established