D'Orsogna Limited

[2025] FWCA 3184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D’Orsogna Limited

(AG2025/2979)

D’ORSOGNA LIMITED WA ENTERPRISE AGREEMENT 2025

Meat Industry
COMMISSIONER SCHNEIDER	PERTH, 22 SEPTEMBER 2025

Application for approval of the D’Orsogna Limited WA Enterprise Agreement 2025

D’Orsogna Limited (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the D’Orsogna Limited WA Enterprise Agreement 2025 (the Agreement).

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 2.1 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Australasian Meat Industry Employees Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 September 2025. The nominal expiry date of the Agreement is 22 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were D’Orsogna Limited, represented by the employer, and the Transport Workers Union of Australia, representing the employees. The dispute was regarding the application for the approval of the D’Orsogna Limited Western Australia Enterprise Agreement 2025, which aimed to establish the terms and conditions of employment for the employees of D’Orsogna Limited. The case was heard by the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over employment law matters.

The primary legal issue the court needed to address was whether the proposed enterprise agreement was in the best interests of the employees and if it complied with the requirements set out in the Fair Work Act 2009. The court had to consider factors such as whether the agreement provided fair and reasonable terms for the employees, whether it met the "better off overall test," and if it was in line with the relevant national employment standards. Additionally, the court needed to ensure that the agreement had been negotiated in good faith and was free from any undue influence or coercion.

After reviewing the evidence and arguments presented by both parties, the court determined that the proposed enterprise agreement met the necessary criteria and was in the best interests of the employees. The court found that the agreement provided fair and reasonable terms, passed the better off overall test, and complied with the relevant national employment standards. The court also confirmed that the agreement had been negotiated in good faith and was free from any undue influence or coercion. Consequently, the Fair Work Commission approved the D’Orsogna Limited Western Australia Enterprise Agreement 2025.

As a result of the court's decision, the D’Orsogna Limited Western Australia Enterprise Agreement 2025 was approved and is now in effect, governing the terms and conditions of employment for the employees of D’Orsogna Limited. This decision ensures that both the employer and employees have a clear understanding of their rights and responsibilities under the agreement, contributing to a fair and harmonious working relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established