DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D'Orsogna Limited
(AG2018/550)

D'ORSOGNA LIMITED ENTERPRISE AGREEMENT 2017

Meat Industry
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2018

Application for approval of the D'Orsogna Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the D’Orsogna Limited Enterprise Agreement 2017 (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.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] The 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 25 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, D'Orsogna Limited, sought approval of the D'Orsogna Limited Enterprise Agreement 2017 under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The dispute centred around the agreement's provisions, particularly those concerning employee entitlements, leave arrangements, and classification of roles.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it appropriately balanced the interests of both employers and employees. The Commission had to determine if the agreement was fair and reasonable, considering the principles of procedural and substantive fairness, and whether it met the criteria for registration under the Act.

The Commission found that the agreement largely met the legal standards for fair and reasonable content. It assessed the balance of the agreement in terms of procedural fairness, noting that it had been negotiated in good faith, and substantive fairness, considering the rights and obligations of the parties. The Commission was satisfied that the agreement provided adequate protections for employees and did not disadvantage them. After reviewing the evidence and submissions from both parties, the Commission approved the agreement.

The Fair Work Commission approved the D'Orsogna Limited Enterprise Agreement 2017. The Commission found the agreement to be fair and reasonable, meeting the statutory requirements for registration. This decision ensures that the terms and conditions of employment as outlined in the agreement are legally binding for the duration specified.

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