Manildra Energy Australia Pty Ltd Summary

[2014] FWCA 4462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Energy Australia Pty Ltd
(AG2014/1235)

MANILDRA GROUP (ALTONA) ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 4 JULY 2014

Application for approval of the Manildra Group (Altona) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Manildra Group (Altona) Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Manildra Energy 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 Manildra Energy 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] The Australian Workers’ Union, 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 11 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Manildra Energy Australia Pty Ltd applied to the Fair Work Commission for approval of the Manildra Group (Altona) Enterprise Agreement 2013. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The application was made by the employer, and the relevant unions opposed the application. The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This included whether the agreement provided for the proper regulation of employment, provided for the protection of employees, and contained the necessary provisions for the protection of vulnerable employees.

The Commission considered the terms of the agreement, the process by which it was negotiated, and the extent to which it provided for the proper regulation of employment. The Commission also considered the submissions made by the parties and the relevant legislative provisions. The Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for the proper regulation of employment, provided for the protection of employees, and contained the necessary provisions for the protection of vulnerable employees. The Commission also noted that the agreement had been negotiated in good faith and that the process by which it was negotiated was appropriate.

The Fair Work Commission approved the Manildra Group (Altona) Enterprise Agreement 2013. The Commission found that the agreement met all the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for the proper regulation of employment, provided for the protection of employees, and contained the necessary provisions for the protection of vulnerable employees. The Commission also noted that the agreement had been negotiated in good faith and that the process by which it was negotiated was appropriate. The Commission was satisfied that the agreement was in the best interests of the employees and the employer. The Commission approved the agreement under section 234 of the Fair Work Act.

Manildra Energy 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