DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tatura Milk Industries Pty Limited
(AG2020/1977)

TATURA MILK INDUSTRIES PTY LIMITED METAL AND ELECTRICAL TRADES UNION ENTERPRISE AGREEMENT 2020

Manufacturing and Associated Industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 29 JULY 2020

Application for approval of the Tatura Milk Industries Pty Limited Metal and Electrical Trades Union Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Tatura Milk Industries Pty Limited Metal and Electrical Trades Union Enterprise Agreement 2020 (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 Pty Limited. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Tatura Milk Industries Pty Limited, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] I have observed that certain provisions within the Agreement (clause 23.6 –annual leave accrual, clause 24.1 – personal leave accrual and clauses 24.4.1 and 24.4.2 – notice requirements) may in some circumstances be inconsistent with the National Employment Standards (NES). However, noting clause 5.8 of the Agreement, I am satisfied the entitlements of the NES will prevail unless the Agreement provides a more favourable outcome for the employees than the NES in a particular respect.

[4] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU) and the 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) and based on the statutory declarations provided by both of these organisations, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 5 August 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tatura Milk Industries Pty Limited (TMI) applied for the approval of the Tatura Milk Industries Pty Limited Metal and Electrical Trades Union Enterprise Agreement 2020. The dispute primarily involved the terms and conditions of employment for the employees represented by the Metal and Electrical Trades Union. The Commission was required to assess whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and hours of work, and whether it satisfied the "better off overall test". This test requires that no employee be worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to determine if the agreement contained any provisions that might unfairly discriminate against employees or contravene any statutory minimum standards.

The Commission found that the agreement met the necessary criteria for approval. It was concluded that the agreement provided for fair and reasonable terms and conditions, and all employees would be better off overall. The Commission also determined that the agreement did not contain any provisions that unfairly discriminated against employees or contravened any statutory minimum standards. Therefore, the Commission approved the agreement under section 233 of the Fair Work Act 2009. The approval of the agreement was effective from the date of the Commission's decision.

Tatura Milk Industries Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established