DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mallee Hay Pty Ltd
(AG2019/1481)

MALLEE HAY PTY LTD ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 MAY 2019

Application for approval of the Mallee Hay Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mallee Hay Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mallee Hay Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 22 May 2019 and, in accordance with s.54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case of Mallee Hay Pty Ltd involved the applicant, Mallee Hay Pty Ltd, seeking approval for their Enterprise Agreement 2019. The application was lodged with the Fair Work Commission, and the respondents included the Australian Manufacturing Workers' Union and various employees of Mallee Hay Pty Ltd. The dispute centred on whether the terms of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the court encompassed the validity of the agreement's procedural fairness, its compliance with the provisions of the Fair Work Act and Regulations, and whether the agreement met the criteria for "better off overall" as required by the legislation. Specifically, the court examined if the agreement provided for appropriate minimum rates of pay, reasonable hours of work, and other terms and conditions that were fair and reasonable.

In its decision, the Fair Work Commission found that the agreement was procedurally fair and had been properly negotiated. The court determined that the agreement met all statutory requirements and was in the best interests of the employees. The analysis considered the "better off overall" test, where the Commission assessed whether the proposed agreement provided employees with terms and conditions that were at least as good as, or better than, those provided under the applicable award or safety net. The Commission concluded that the agreement achieved this standard and thus approved the application for the Enterprise Agreement 2019.

The Fair Work Commission's final order was the approval of the Enterprise Agreement 2019 between Mallee Hay Pty Ltd and the Australian Manufacturing Workers' Union. This decision was based on the comprehensive evaluation that the agreement was fair, reasonable, and met all statutory requirements under the Fair Work Act and Regulations.

Mallee Hay 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