DECISION

Fair Work Act 2009
s.185—Enterprise agreement

General Mills Manufacturing Australia Pty Ltd
(AG2017/3372)

GENERAL MILLS AUSTRALIA PTY LTD AND GENERAL MILLS MANUFACTURING PTY LTD - MOUNT WAVERLEY AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the General Mills Australia Pty Ltd and General Mills Manufacturing Pty Ltd - Mount Waverley and National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the General Mills Australia Pty Ltd and General Mills Manufacturing Pty Ltd – Mount Waverley and National Union of Workers Enterprise Agreement 2016 (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] The National Union of Workers, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, General Mills Manufacturing Australia Pty Ltd and General Mills Manufacturing Pty Ltd, sought approval of their enterprise agreement with the National Union of Workers. The dispute was heard in the Fair Work Commission. The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for simplification, efficiency, and flexibility, and whether it provided for fair and reasonable terms and conditions for employees.

The Commission found that the enterprise agreement did meet the legislative requirements. The agreement provided for a simplified structure, improved efficiency in workplace operations, and greater flexibility in work arrangements. The terms and conditions outlined in the agreement were deemed fair and reasonable, taking into account the nature of the business and the interests of both the employer and the employees. The Commission also considered the process by which the agreement was negotiated, which included good faith bargaining and consultation with the union.

As a result of this analysis, the Commission approved the enterprise agreement, finding it to be in compliance with the relevant statutory provisions. The decision highlighted the importance of achieving a balance between the needs of the business and the rights of the employees. The approval of the agreement was seen as a positive step towards achieving a more streamlined and efficient workplace for all parties involved.

The Fair Work Commission approved the General Mills Australia Pty Ltd and General Mills Manufacturing Pty Ltd - Mount Waverley and National Union of Workers Enterprise Agreement 2016, effective from the date of the decision.

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