D’Orsogna Limited Summary

[2022] FWCA 355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D’Orsogna Limited

(AG2021/9225)

D’Orsogna Limited WA Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILLIAMS	PERTH, 7 FEBRUARY 2022

Application for approval of the D’Orsogna Limited WA Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the D’Orsogna Limited WA Enterprise Agreement 2021 (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 Limited. The Agreement is a single-enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australasian Meat Industry Employees Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2022. The nominal expiry date of the Agreement is 6 February 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved D’Orsogna Limited, an applicant seeking approval of the D’Orsogna Limited WA Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval. The dispute centred around various terms and conditions outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission centred on the fairness and compliance of the proposed agreement with the relevant industrial laws and standards. Specifically, the Commission had to assess whether the agreement was free from any undue coercion or pressure, whether it provided adequate protections for employees, and whether it complied with the provisions of the Fair Work Act 2009. The Commission also needed to consider whether the agreement provided for a fair and reasonable balance between the interests of the employer and the employees.

In its decision, the Commission carefully examined the terms of the agreement, taking into account submissions from both D’Orsogna Limited and the relevant employee representatives. The Commission found that the agreement was fair and reasonable, providing appropriate protections for employees while also accommodating the needs of the employer. The Commission noted that the agreement included provisions for minimum wages, reasonable working hours, and adequate leave entitlements, all of which complied with the requirements of the Fair Work Act. Additionally, the Commission was satisfied that the agreement had been negotiated in good faith and that there was no evidence of undue coercion or pressure. Based on these findings, the Commission approved the D’Orsogna Limited WA Enterprise Agreement 2021.

The Commission's decision concluded with specific orders approving the agreement, which would now be binding on the parties. The Commission also noted that any disputes arising from the agreement would be subject to the dispute resolution procedures outlined within it. This decision provides clarity for both D’Orsogna Limited and its employees regarding the terms of their employment and the protections afforded to them under the approved agreement.

D’Orsogna Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established