DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tatura Milk Industries Limited
(AG2017/214)

TATURA MILK INDUSTRIES LIMITED AND THE NATIONAL UNION OF WORKERS PRODUCTION AND WAREHOUSE ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 22 MARCH 2017

Application for approval of the Tatura Milk Industries Limited and National Union of Workers Production and Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tatura Milk Industries Limited and National Union of Workers Production and Warehouse 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 Tatura Milk Industries Limited. 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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2017. The nominal expiry date of the Agreement is 31 March 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Tatura Milk Industries Limited, sought the Fair Work Commission's approval of the Enterprise Agreement made with the National Union of Workers. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction over workplace relations in Australia. The central dispute revolved around the validity and fairness of the proposed agreement, with specific concerns raised by the Australian Manufacturing Workers Union regarding the conditions and entitlements outlined within.

The primary legal issues the Commission had to address were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. Additionally, the Commission needed to determine whether the agreement was fair and whether it adhered to the relevant provisions concerning minimum standards, employee entitlements, and dispute resolution mechanisms.

The Commission examined the evidence presented by both parties and found that the agreement was made in good faith, without coercion, and in compliance with the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the workplace. Furthermore, the Commission determined that the agreement met the criteria for approval under the Fair Work Act 2009, as it provided for minimum standards of pay and conditions, as well as a fair and effective dispute resolution process. The Commission concluded that the agreement was fair and appropriate for the employees covered by it.

Accordingly, the Fair Work Commission approved the Enterprise Agreement between Tatura Milk Industries Limited and the National Union of Workers. The Commission found that the agreement was in compliance with the relevant provisions of the Fair Work Act 2009 and was made in good faith and without coercion. The agreement was deemed fair and appropriate for the employees covered by it and was approved as a registered agreement, effective from the date of the Commission's decision.

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