National Union of Workers

[2014] FWCA 8566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/9853)

ALLIED MILLS PTY LTD (BALLARAT) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014 - 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Allied Mills Pty Ltd (Ballarat) & National Union of Workers Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Allied Mills Pty Ltd (Ballarat) & National Union of Workers Enterprise Agreement 2014 - 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 (NUW). The Agreement is a single-enterprise agreement.

[2] The application was lodged outside the 14 day time period specified in s.185(3)(a) of the Act. Having received correspondence from the Allied Mills Pty Ltd outlining reasons for why the application was lodged late, I am satisfied, with regards to s.185(3)(b) of the Act, that in all the circumstances it is fair to extend the period for lodging the application to 12 November 2013.

[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 5 December 2014. The nominal expiry date of the Agreement is 31 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers sought approval of an enterprise agreement with Allied Mills Pty Ltd, which covered the period from 2014 to 2017. The application was heard in the Fair Work Commission, where the union argued that the proposed agreement was fair and reasonable for the employees. The employer contested the application, raising concerns about the financial implications and certain provisions of the agreement.

The legal issues before the commission involved determining whether the proposed agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the commission had to consider if the agreement was made in good faith, if it was free from coercion and undue influence, and whether it met the procedural requirements. Additionally, the commission assessed if the agreement provided for the proper operation of the enterprise and if it was in the best interests of the employees.

The Fair Work Commission found that the agreement was made in good faith and was free from any improper influence. The commission also determined that the agreement was procedurally sound and met the requirements set out in the Fair Work Act. Furthermore, the commission considered the financial impact on the employer and concluded that the agreement was in the best interests of the employees, providing fair and reasonable terms. As a result, the commission approved the enterprise agreement, acknowledging its benefits for the employees while considering the employer's financial constraints.

The final order of the commission was the approval of the enterprise agreement between the National Union of Workers and Allied Mills Pty Ltd, effective from the specified period. The decision highlighted the importance of balancing the interests of both employees and employers in the approval process of such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established