DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D’Orsogna Limited
(AG2021/5067)

D’ORSOGNA LTD ENTERPRISE AGREEMENT 2020, VIC

Meat Industry
COMMISSIONER MCKINNON	MELBOURNE, 21 MAY 2021

Application for approval of the D’Orsogna Ltd Enterprise Agreement 2020, VIC.

[1] D’Orsogna Limited has applied for approval of a single enterprise agreement known as the D’Orsogna Ltd Enterprise Agreement 2020, VIC (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 28 May 2021. The nominal expiry date of the Agreement is 20 May 2024.

[4] The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement covers The Australasian Meat Industry Employees Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

D’Orsogna Limited was before the Fair Work Commission in Victoria, with the application concerning the approval of the D’Orsogna Ltd Enterprise Agreement 2020. The dispute arose between D’Orsogna Limited, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the employee representative. The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, including whether it provided for minimum entitlements and the proper bargaining process.

The legal issues before the Commission were multifaceted, encompassing whether the agreement had been genuinely negotiated, if it contained all mandatory terms and conditions, and whether it met the public interest test. The Commission examined if the agreement fairly reflected the needs of both parties and provided adequate protections for employees, while also considering the broader economic and social impacts. Additionally, the Commission had to determine whether the agreement adequately addressed the minimum entitlements prescribed by the Act and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the D’Orsogna Ltd Enterprise Agreement 2020 was genuinely negotiated and contained all mandatory terms and conditions as required by the Fair Work Act 2009. The Commission concluded that the agreement met the public interest test, providing adequate protections for employees and reflecting the needs of both parties. The Commission noted the economic and social impacts of the agreement, and found that it was consistent with the broader objectives of the Fair Work Act 2009. As a result, the Commission approved the agreement, highlighting its compliance with all relevant legal requirements. The Commission also noted that the agreement provided for minimum entitlements and was consistent with the Fair Work (Registered Organisations) Act 2009.

D’Orsogna Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established