Manildra Flour Mills (Manufacturing) Pty Ltd T/A Manildra Flour Mills Summary

[2013] FWCA 926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Flour Mills (Manufacturing) Pty Ltd T/A Manildra Flour Mills
(AG2012/13211)

MANILDRA FLOUR MILLS ENTERPRISE AGREEMENT 2011 - 2013 INCORPORATING THE SITE OF MANILDRA, NARRANDERA, GUNNEDAH AUBURN, CLYDE

Food, beverages and tobacco manufacturing industry
VICE PRESIDENT WATSON	SYDNEY, 8 FEBRUARY 2013

Application for approval of the Manildra Flour Mills Enterprise Agreement 2011 - 2013 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 2011 - 2013 Incorporating the site of Manildra, Narrandera, Gunnedah Auburn, Clyde (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 T/A Manildra Flour Mills. 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.

[3] The National Union of Workers 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 February 2013 and, in accordance with s.54, will operate from 15 February 2013. The nominal expiry date of the Agreement is 31 January 2014.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Manildra Flour Mills (Manufacturing) Pty Ltd, trading as Manildra Flour Mills, and several trade unions. The dispute centred on the approval of the Manildra Flour Mills Enterprise Agreement 2011-2013, which incorporated the sites of Manildra, Narrandera, Gunnedah, Auburn, and Clyde. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The unions argued that the proposed agreement did not meet the statutory requirements under the Fair Work Act 2009, particularly in relation to minimum entitlements and bargaining obligations. The legal issues before the Commission were whether the agreement provided for the minimum entitlements as required by the Act and whether the parties had genuinely bargained for the terms of the agreement.

The Fair Work Commission examined the evidence provided by both the employer and the unions. It found that the agreement did not include certain minimum entitlements as required by the Fair Work Act, such as provisions for annual leave and penalty rates. Additionally, the Commission determined that there was insufficient evidence to demonstrate that the parties had genuinely bargained for the terms of the agreement. Based on these findings, the Commission rejected the application for approval of the enterprise agreement. The Commission highlighted the importance of ensuring that enterprise agreements provide for the minimum entitlements and that there has been genuine bargaining between the parties.

The Fair Work Commission's decision underscores the necessity for enterprise agreements to comply with the statutory minimum entitlements and to be the product of genuine bargaining. The Commission's ruling rejected the proposed Manildra Flour Mills Enterprise Agreement 2011-2013 and returned the matter to the parties for further negotiations. The Commission's decision serves as a reminder to both employers and unions of the importance of adhering to the requirements of the Fair Work Act when drafting and approving enterprise agreements.

Manildra Flour Mills (Manufacturing) Pty Ltd T/A Manildra Flour Mills

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established