D'Orsogna Limited

[2024] FWCA 4015

[2024] FWCA 4015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

D'Orsogna Limited

(AG2024/3825)

D'ORSOGNA LTD ENTERPRISE AGREEMENT 2024 (VICTORIA)

Meat Industry
COMMISSIONER YILMAZ	MELBOURNE, 18 NOVEMBER 2024

Application for approval of the D'Orsogna Ltd Enterprise Agreement 2024 (Victoria)

1. An application has been made for approval of an enterprise agreement known as the D'Orsogna Ltd ENTERPRISE AGREEMENT 2024 (Victoria) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D’Orsogna Ltd (the Employer). The Agreement is a single-enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject  to  the  undertakings  referred  to  above,  I  am  satisfied  that  each  of  the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

1. I observe that clause 23 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australasian Meat Industry Employees Union is a bargaining representative for the Agreement and 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 it.

1. The Agreement is approved and in accordance with s.54, will operate from 25 November 2024. The nominal expiry date of the Agreement is 18 November 2027.

COMMISSIONER

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Annexure A