DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hygain NSW Pty Ltd T/A Mitavite
(AG2020/569)

MITAVITE (FEEDMILL) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 APRIL 2020

Application for approval of the Mitavite (Feedmill) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mitavite (Feedmill) Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hygain NSW Pty Ltd T/A Mitavite (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2020. The nominal expiry date of the Agreement is 1 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hygain NSW Pty Ltd, trading as Mitavite, sought approval of the Mitavite (Feedmill) Enterprise Agreement 2020 from the Fair Work Commission. The dispute centred around the proposed terms and conditions of employment for employees at Mitavite's feedmill. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues revolved around whether the agreement provided for fair and reasonable terms, if it included appropriate dispute resolution mechanisms, and if it adhered to the procedural requirements set out in the Act. The applicant argued that the agreement was fair and reasonable, while no objections were raised by the employees or other interested parties. The Commission needed to assess if the agreement was appropriately negotiated and if it balanced the interests of both the employer and the employees.

In delivering its decision, the Commission found that the Mitavite (Feedmill) Enterprise Agreement 2020 was fair and reasonable, providing for the employees' terms and conditions of employment in a manner that was balanced and equitable. The Commission considered that the agreement included appropriate dispute resolution mechanisms and had been negotiated in good faith. It was also noted that no objections were raised to the agreement, which indicated general acceptance among the parties. Consequently, the Commission approved the agreement, finding it met all statutory requirements for registration.

Hygain NSW Pty Ltd T/A Mitavite

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established