General Mills Manufacturing Australia Pty Ltd

[2015] FWCA 2065

[2015] FWCA 2065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

General Mills Manufacturing Australia Pty Ltd
(AG2015/222)

GENERAL MILLS MANUFACTURING PTY LTD - MT WAVERLY MAINTENANCE ENTERPRISE AGREEMENT - 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 25 MARCH 2015

Application for approval of the General Mills Manufacturing Pty Ltd - Mt Waverly Maintenance Enterprise Agreement - 2014.

[1] An application has been made for approval of an enterprise agreement known as the General Mills Manufacturing Pty Ltd - Mt Waverly Maintenance Enterprise Agreement - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by General Mills Manufacturing Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 38.11 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

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

[4] Each of 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 (CEPU), being bargaining representatives 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 AMWU and CEPU.

[5] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 1 April 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

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APPENDIX A

APPENDIX B