General Mills Manufacturing Australia Pty Ltd Summary

[2014] FWCA 3664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

General Mills Manufacturing Australia Pty Ltd
(AG2014/462)

GENERAL MILLS AUSTRALIA PTY LTD AND GENERAL MILLS MANUFACTURING PTY LTD - MOUNT WAVERLEY AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 3 JUNE 2014

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 2013.

[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 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by General Mills Manufacturing Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from General Mills Manufacturing Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] TheNational 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2014. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, General Mills Manufacturing Australia Pty Ltd and General Mills Manufacturing Pty Ltd applied for the approval of their Enterprise Agreement with the National Union of Workers. The dispute centred around the terms and conditions of employment outlined in the agreement, including wages, working hours, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the formal requirements and substantive provisions of the Fair Work Act. This involved examining whether the agreement was made in good faith, whether it provided for the proper operation of businesses, and whether it included provisions that were contrary to public policy or not genuinely agreed upon by the parties. The Commission also had to consider whether the agreement provided for the protection of employees' rights and interests.

After thorough consideration, the Commission found that the Enterprise Agreement met all the necessary legal requirements for approval. The agreement was made in good faith, and it contained provisions that facilitated the proper operation of the businesses involved. Importantly, the Commission confirmed that the agreement did not include any provisions that were contrary to public policy or not genuinely agreed upon. The terms and conditions of employment were deemed to be fair and balanced, providing adequate protection for the employees' rights and interests.

The Commission approved the Enterprise Agreement, setting a precedent for the terms and conditions of employment for the employees covered by the agreement. This decision ensures that both the employers and employees have a clear and legally binding framework for their industrial relationship.

General Mills Manufacturing Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established