DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tatura Milk Industries Limited
(AG2016/6279)

TATURA MILK INDUSTRIES LIMITED DERRIMUT SITE ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	SYDNEY, 24 NOVEMBER 2016

Application for approval of the Tatura Milk Industries Derrimut Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tatura Milk Industries Derrimut Site 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 been met.

[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 1 December 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Tatura Milk Industries Limited, sought approval of the Tatura Milk Industries Derrimut Site Enterprise Agreement 2016. The respondent, the Australian Manufacturing Workers' Union, objected to the application on various grounds, including concerns over the agreement's compliance with the Fair Work Act 2009 and the implications for employee conditions. The Commission was required to determine whether the enterprise agreement met the necessary criteria for approval under the Act, including that it was made in good faith, provided for the terms and conditions of employment, and complied with the relevant provisions of the Act.

The Commission examined the arguments presented by both parties, focusing on the procedural and substantive aspects of the agreement. Procedurally, the Commission assessed whether the agreement was made in good faith and followed the necessary consultation processes. Substantively, the Commission evaluated whether the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Commission also considered the impact of the agreement on the employees and whether it was fair and reasonable.

The Commission found that the application met the criteria for approval. It determined that the agreement was made in good faith and that the consultation processes were adequate. The Commission also found that the agreement provided for appropriate terms and conditions of employment and was fair and reasonable. The objections raised by the respondent were not sufficient to prevent the approval of the agreement.

The Commission approved the Tatura Milk Industries Derrimut Site Enterprise Agreement 2016, stating that it met the necessary criteria under the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees and was approved for operation.

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