DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Flour Mills Pty Ltd
(AG2016/501)

TASMANIAN FLOUR MILL ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2016

Application for approval of the Tasmanian Flour Mill Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Flour Mill Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Flour Mills Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2016. The nominal expiry date of the Agreement is 30 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Tasmanian Flour Mills Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Tasmanian Flour Mill Enterprise Agreement 2016. The application was brought by the employer, Tasmanian Flour Mills Pty Ltd, and involved the terms and conditions of employment for its workforce. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to resolve were whether the agreement was a bona fide enterprise agreement, if it contained the requisite good faith bargaining provisions, and if it adhered to the procedural fairness standards as set forth in the Act. Additionally, the Commission had to ensure that the agreement did not adversely affect employees' wages and conditions in a manner contrary to the objectives of the Act.

The Fair Work Commission, after examining the evidence and submissions from both parties, determined that the agreement was indeed a bona fide enterprise agreement. It was found to have been negotiated in good faith and to comply with the procedural fairness requirements. Furthermore, the Commission concluded that the proposed agreement did not disadvantage employees and was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the Tasmanian Flour Mill Enterprise Agreement 2016.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms of the workforce until superseded by a new agreement or the expiration of its term.

Tasmanian Flour Mills Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established