Manildra Flour Mills (Manufacturing) Pty Limited Summary

[2014] FWCA 2406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Flour Mills (Manufacturing) Pty Limited
(AG2014/3923)

MANILDRA FLOUR MILLS ENTERPRISE AGREEMENT 2014-2016 INCORPORATING THE SITE OF MANILDRA, NARRANDERA, GUNNEDAH, AUBURN, CLYDE

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 APRIL 2014

Application for approval of the Manildra Flour Mills Enterprise Agreement 2014 - 2016 Incorporating the site of Manildra, Narrandera, Gunnedah, Auburn, Clyde.

[1] An application has been made for approval of an enterprise agreement known as the Manildra Flour Mills Enterprise Agreement 2014 - 2016 Incorporating the site of Manildra, Narrandera, Gunnedah, Auburn, Clyde (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Manildra Flour Mills (Manufacturing) Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 March 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 31 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Manildra Flour Mills (Manufacturing) Pty Limited sought approval for an enterprise agreement. The applicant, a flour milling company, and the respondents, trade unions representing the workers, were parties to the agreement. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues were whether the agreement had been made in good faith, if it contained all the prescribed minimum terms and conditions, and if it provided for an appropriate mechanism for resolving disputes. The unions argued that the agreement failed to meet these criteria, particularly in relation to provisions concerning overtime and shift differentials. They contended that the terms did not adequately protect workers' rights and interests.

The Commission examined the evidence and submissions from both parties, assessing whether the agreement was consistent with the provisions of the Fair Work Act. After careful consideration, the Commission found that the agreement was made in good faith and contained all the prescribed minimum terms and conditions. The Commission also determined that the provisions for resolving disputes were appropriate and that the agreement would not have an adverse effect on the national system of industrial relations.

As a result, the Commission approved the Manildra Flour Mills Enterprise Agreement 2014 - 2016, incorporating the sites of Manildra, Narrandera, Gunnedah, Auburn, and Clyde. The agreement, which now has the force of an enterprise agreement under the Fair Work Act, will regulate the terms and conditions of employment for the workers covered by the agreement.

Manildra Flour Mills (Manufacturing) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established