DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Union of Workers
(AG2015/1451)

ALLIED MILLS (KENSINGTON) AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 24 JULY 2015

Application for approval of the Allied Mills (Kensington) and the National Union of Workers Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills (Kensington) and the National Union of Workers Enterprise Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the National Union of Workers. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Allied Mills Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2015. The nominal expiry date of the Agreement is 30 September 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers applied to the Fair Work Commission for approval of the Enterprise Agreement between Allied Mills (Kensington) and the National Union of Workers for the years 2015 to 2017. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement complied with the "better off overall test" and whether it contained any unfair provisions. The Commission examined the evidence and submissions from both parties, assessing the impact of the agreement on employees' terms and conditions, and whether it promoted harmonious, productive, and cooperative workplace relationships.

The Commission found that the agreement satisfied the better off overall test, as it provided for a fair and reasonable outcome for the employees, taking into account their overall entitlements, benefits, and working conditions. The agreement was also deemed to promote harmonious, productive, and cooperative workplace relationships, as it contained provisions that facilitated effective communication, dispute resolution, and the sharing of information between the employer and employees. The Commission further determined that the agreement did not contain any unfair provisions, as all terms and conditions were negotiated in good faith and were not detrimental to the employees.

The Fair Work Commission approved the Enterprise Agreement between Allied Mills (Kensington) and the National Union of Workers for the years 2015 to 2017, following a thorough assessment of its compliance with the relevant statutory requirements. The agreement was found to meet the criteria for approval under the Fair Work Act 2009, as it provided for a fair and reasonable outcome for the employees and promoted harmonious, productive, and cooperative workplace relationships. The Commission also confirmed that the agreement did not contain any unfair provisions and was negotiated in good faith. The approval of this Enterprise Agreement ensures that the terms and conditions of employment for the employees of Allied Mills (Kensington) are regulated by a legally binding and fair agreement that balances the interests of both the employer and employees.

National Union of Workers

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established