Tatura Milk Industries Limited

[2013] FWCA 5244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tatura Milk Industries Limited
(AG2013/7720)

TATURA MILK INDUSTRIES LIMITED DERRIMUT SITE ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 JULY 2013

Application for approval of the Tatura Milk Industries Limited Derrimut Site Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tatura Milk Industries Limited Derrimut Site Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2013. The nominal expiry date of the Agreement is 31 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tatura Milk Industries Limited applied to the Fair Work Commission for approval of the Tatura Milk Industries Limited Derrimut Site Enterprise Agreement 2013. The application arose from a dispute over the terms of employment of certain workers at the Derrimut Site. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission needed to ensure that the agreement had been made in good faith and that there had been genuine bargaining. Substantively, the Commission had to consider whether the agreement provided for terms and conditions that were no worse off and reasonably capable of promoting the economic prosperity of the parties involved.

The Commission found that the agreement was procedurally valid as it was made in good faith and involved genuine bargaining. Regarding the substantive requirements, the Commission noted that the agreement provided for terms and conditions that did not make the employees worse off and were reasonably capable of promoting the economic prosperity of the parties. The Commission concluded that the agreement met all the necessary criteria for approval.

Accordingly, the Fair Work Commission approved the Tatura Milk Industries Limited Derrimut Site Enterprise Agreement 2013, finding it to be compliant with the requirements of the Fair Work Act 2009. The agreement now legally binds the parties and governs the terms and conditions of employment for the workers at the Derrimut Site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established