DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tatura Milk Industries Limited
(AG2017/3125)

TATURA MILK INDUSTRIES LIMITED METAL AND ELECTRICAL TRADES UNION ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 4 OCTOBER 2017

Application for approval of the Tatura Milk Industries Limited Metal and Electrical Trades Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tatura Milk Industries Limited Metal and Electrical Trades Union Enterprise 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 Tatura Milk Industries Limited. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Tatura Milk Industries Limited and the Metal and Electrical Trades Union. The dispute was over the approval of the Tatura Milk Industries Limited Metal and Electrical Trades Union Enterprise Agreement 2017. The Fair Work Commission heard the matter. The central issue was whether the agreement was in the public interest and met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided appropriate safeguards for employees, facilitated flexibility in the workplace, and was consistent with broader economic and employment policies.

The Commission examined the agreement to ensure it complied with the statutory requirements for public interest considerations. It assessed whether the agreement offered suitable protections for employees, such as fair wages, reasonable working hours, and appropriate conditions. Additionally, the Commission evaluated if the agreement allowed for sufficient flexibility to adapt to changing business needs while protecting employee rights. It also considered whether the agreement aligned with national economic and employment policies.

After careful consideration, the Commission found that the agreement met all the necessary criteria for approval. It provided adequate safeguards for employees, allowed for necessary workplace flexibility, and aligned with broader economic and employment objectives. Consequently, the Fair Work Commission approved the Tatura Milk Industries Limited Metal and Electrical Trades Union Enterprise Agreement 2017.

Tatura Milk Industries Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established