DECISION

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

National Union of Workers
(AG2014/8386)

ALLIED MILLS MILE END SOUTH AUSTRALIA AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014 - 2016

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 DECEMBER 2014

Application for approval of the Allied Mills Mile End South Australia and National Union of Workers Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Mile End South Australia and National Union of Workers Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers (NUW) and Allied Mills Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] 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.

[4] The NUW, 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 27 December 2014. The nominal expiry date of the Agreement is 16 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer,

CaseChat Overview and Summary

In the matter of the National Union of Workers and Allied Mills Mile End South Australia, the Fair Work Commission was tasked with determining the approval of an enterprise agreement between the parties. The dispute centred on the specifics of the proposed Enterprise Agreement 2014 - 2016, which the union sought to implement. The union argued that the agreement provided fair and reasonable terms for the employees, while the employer contested certain provisions, claiming they were unfair and detrimental to the business operations.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections relating to the approval of enterprise agreements. Key points of contention included whether certain terms and conditions were fair and reasonable, the impact of the agreement on employee rights and employer obligations, and the compliance of the agreement with relevant industrial laws. The Commission had to assess whether the agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions and whether it was consistent with the principles of the national workplace relations system.

After thorough examination of the arguments presented by both parties, the Commission determined that the majority of the agreement's provisions were fair and reasonable. The Commission found that while some elements raised concerns, these did not outweigh the overall benefits of the agreement to the employees. The Commission emphasised the importance of balancing the interests of both employers and employees in its decision, ensuring that the agreement fostered a fair and productive workplace environment. Consequently, the Commission approved the Enterprise Agreement 2014 - 2016, subject to certain conditions to address specific concerns raised during the hearing.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established