DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Flour Mills (Manufacturing) Pty Ltd
(AG2020/142)

MANILDRA FLOUR MILLS ENTERPRISE AGREEMENT 2020 - 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 MARCH 2020

Application for approval of the Manildra Flour Mills Enterprise Agreement 2020 - 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Manildra Flour Mills Enterprise Agreement 2020 - 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Manildra Flour Mills (Manufacturing) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 19 February 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2020. The nominal expiry date of the Agreement is 31 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application to approve the Manildra Flour Mills Enterprise Agreement 2020-2021. The application was brought forth by Manildra Flour Mills (Manufacturing) Pty Ltd, the employer, and the National Tertiary Education Industry Union (NTEU), the employee representative. The dispute centred around the terms and conditions of employment for certain employees under the proposed agreement. The FWC, in its role of overseeing the approval of enterprise agreements, was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the FWC involved ensuring that the enterprise agreement did not have an adverse effect on employees' minimum entitlements, did not contain provisions that would undermine the operation of the safety net provided by the National Employment Standards (NES), and was made in good faith. Additionally, the FWC had to consider whether the agreement provided for proper dispute resolution mechanisms. The FWC examined the agreement to determine if it met the criteria for approval as stipulated by the Fair Work Act.

The FWC found that the agreement did not have an adverse effect on minimum entitlements and did not undermine the NES. It was also determined that the agreement was made in good faith and provided for appropriate dispute resolution mechanisms. The FWC acknowledged the efforts of both parties in negotiating the agreement and concluded that it met all statutory requirements for approval. Consequently, the FWC approved the Manildra Flour Mills Enterprise Agreement 2020-2021.

The FWC's decision was based on a comprehensive review of the agreement's provisions and the submissions from both the employer and the union. The approval of the agreement ensures that the terms and conditions of employment for the employees are legally sound and that the parties' rights and obligations are clearly defined. The FWC's approval of the agreement provides certainty and stability in the workplace, fostering a cooperative industrial relations environment.

Manildra Flour Mills (Manufacturing) 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