Manildra Flour Mills (Manufacturing) Pty Ltd
[2025] FWCA 2492
•28 JULY 2025
| [2025] FWCA 2492 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Manildra Flour Mills (Manufacturing) Pty Ltd
(AG2025/1905)
MANILDRA FLOUR MILLS ENTERPRISE AGREEMENT 2025-2029
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 28 JULY 2025 |
Application for approval of the Manildra Flour Mills Enterprise Agreement 2025-2029
An application has been made for approval of an enterprise agreement known as the Manildra Flour Mills Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Manildra Flour Mills (Manufacturing) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the new model flexibility term in Schedule 1 of the Fair Work (Model Terms) Determination 2025 is be taken to be a term of the Agreement.
The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 July 2029.
DEPUTY PRESIDENT
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Annexure A
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