DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

General Mills Manufacturing Australia Pty Ltd
(AG2015/536)

GENERAL MILLS MANUFACTURING AUSTRALIA PTY. LTD. ENTERPRISE AGREEMENT (ROOTY HILL) 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 APRIL 2015

Application for approval of the General Mills Manufacturing Australia Pty. Ltd. Enterprise Agreement (Rooty Hill) 2015.

[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) 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 8 April 2015. The nominal expiry date of the Agreement is 11 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

General Mills Manufacturing Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The company and the union representing its employees had negotiated an agreement that contained provisions on various employment matters, including wages, hours of work, and other conditions of employment. The union sought to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009. The company opposed the application, arguing that the agreement did not comply with certain provisions of the Act.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including whether it contained the minimum terms and conditions prescribed by the Act, whether it had been negotiated in good faith, and whether it was in the best interests of the employees. The Commission found that the agreement complied with the requirements of the Act and was in the best interests of the employees. The Commission approved the agreement, which will now become a registered enterprise agreement under the Act.

The Commission noted that the agreement contained all the minimum terms and conditions required by the Act, including provisions on wages, hours of work, and other conditions of employment. The Commission also found that the agreement had been negotiated in good faith by the parties and that it was in the best interests of the employees. The Commission considered the views of the employees and found that the majority of them supported the agreement. The Commission also noted that the agreement provided for a number of benefits for the employees, including increased wages and improved working conditions.

The Commission approved the General Mills Manufacturing Australia Pty Ltd Enterprise Agreement (Rooty Hill) 2015, which will now become a registered enterprise agreement under the Fair Work Act. The agreement will apply to the employees of the company who are covered by the agreement and will set out their terms and conditions of employment. The company and the union are bound by the agreement and must comply with its provisions. The employees are also bound by the agreement and must comply with its provisions. The agreement will remain in force until it is varied or terminated in accordance with the provisions of the Fair Work Act.

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