DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSM Milling Pty Limited
(AG2018/1994)

MSM MILLING ENTERPRISE COLLECTIVE WORKPLACE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 OCTOBER 2018

Application for approval of the MSM Milling Employee Collective Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MSM Milling Employee Collective Workplace Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MSM Milling Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 5 October 2018 and, in accordance with s.54, will operate from 12 October 2018. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, the applicant, MSM Milling Pty Limited, applied for approval of the MSM Milling Employee Collective Workplace Agreement 2017. The agreement was sought to be approved under section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval, including that it must provide for a fair and efficient way of determining employees' terms and conditions of employment.

The primary legal issue before the Court was whether the agreement provided for a fair and efficient way of determining employees' terms and conditions. The applicant argued that the agreement provided for a fair and efficient way of determining employees' terms and conditions, while the respondent contended that the agreement did not provide for a fair and efficient way of determining employees' terms and conditions.

The Court considered the nature and content of the agreement, including the provisions for determining employees' terms and conditions, and whether it provided for a fair and efficient way of determining those terms and conditions. The Court found that the agreement did provide for a fair and efficient way of determining employees' terms and conditions. The Court was satisfied that the agreement provided for a streamlined process for determining employees' terms and conditions, and that it provided for a fair and efficient way of resolving disputes.

In conclusion, the Court approved the agreement, finding that it met the necessary requirements for approval. The Court noted that the agreement provided for a fair and efficient way of determining employees' terms and conditions, and that it provided for a streamlined process for resolving disputes. The Court approved the agreement under section 234 of the Fair Work Act 2009.

MSM Milling Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established