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

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

General Mills Manufacturing Australia Pty Ltd sought approval of the General Mills Manufacturing Pty Ltd - Mt Waverly Maintenance Enterprise Agreement - 2014 from the Fair Work Commission. The application for approval was opposed by various unions representing employees of the company. The primary dispute centered around the terms and conditions outlined in the proposed enterprise agreement, including issues related to wages, working conditions, and procedural fairness.

The central legal issues that the commission had to address were whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009, specifically concerning the procedural fairness of the agreement and its alignment with the broader objectives of the Act. The unions argued that the agreement failed to adequately represent the interests of the employees and did not comply with the necessary procedural steps. The company, on the other hand, maintained that the agreement was fair and had been negotiated in good faith.

In its reasoning, the commission evaluated the evidence presented by both parties and considered the legal standards governing enterprise agreements. It found that the process leading to the agreement was generally procedurally fair, with adequate consultation and opportunity for employee representatives to engage in negotiations. The commission also assessed the substantive terms of the agreement, confirming that they did not unfavorably deviate from the applicable minimum standards set by modern awards and the national system for employee relations. The commission concluded that the agreement was consistent with the aims of the Fair Work Act and thus approved the application.

As a result of the decision, the General Mills Manufacturing Pty Ltd - Mt Waverly Maintenance Enterprise Agreement - 2014 was approved and registered, becoming a legally binding document governing the employment conditions of the employees involved. The unions' opposition was overruled, and the agreement was deemed to be in compliance with the statutory requirements.

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