Churchill Management Pty Ltd

[2014] FWCA 4810

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Churchill Management Pty Ltd
(AG2014/6176)

CHURCHILL ABATTOIR WORKSHOP ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2014

Application for approval of the Churchill Abattoir Workshop Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Churchill Abattoir Workshop Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Churchill Management Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 24 July 2014. The nominal expiry date of the Agreement is 6 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Churchill Management Pty Ltd sought approval of the Churchill Abattoir Workshop Enterprise Agreement 2013-2015. The agreement was entered into between the company and its employees represented by the Australian Manufacturing Workers' Union. The primary dispute centred around the terms and conditions outlined in the agreement, particularly those relating to employee entitlements, working hours, and procedural fairness.

The legal issues before the Commission involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and if it met the requirements for being a 'single enterprise agreement'. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the statutory minimum standards prescribed under the Act.

The Commission found that the agreement substantially complied with the Fair Work Act, and that it met the criteria for being a 'single enterprise agreement'. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it adhered to the statutory minimum standards. The Commission also found that the agreement was fair and reasonable in all its terms, and approved the agreement as a registered enterprise agreement.

The Commission made an order approving the Churchill Abattoir Workshop Enterprise Agreement 2013-2015 as a registered enterprise agreement, effective from the date of the decision. The order also provided for the agreement to be published on the Fair Work Commission's website, and for any necessary amendments to be made to the Fair Work (Registered Organisations) Regulations 2010.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established