D’Orsogna Limited

[2014] FWCA 8524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D’Orsogna Limited
(AG2014/9901)

D’ORSOGNA LIMITED ENTERPRISE AGREEMENT 2014

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 1 DECEMBER 2014

Application for approval of the D’Orsogna Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the D’Orsogna Limited Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2014. The nominal expiry date of the Agreement is 4 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

D’Orsogna Limited applied to the Fair Work Commission for approval of an enterprise agreement made with its employees. The agreement, titled the D’Orsogna Limited Enterprise Agreement 2014, was entered into following a series of negotiations. The company argued that the agreement met all the criteria for approval under the Fair Work Act 2009. The application was opposed by the union representing the employees, who contended that certain provisions of the agreement were not fair and did not comply with the Act.

The central legal issues before the Commission were whether the agreement was made in good faith, if it contained the necessary minimum entitlements, and whether it was fair and reasonable. The Commission had to determine if the process through which the agreement was made was fair and whether the content of the agreement was equitable to all parties involved. Additionally, the Commission considered whether the agreement met the requirements of the Act concerning its certification and approval.

In examining the application, the Commission found that the agreement was made in good faith and that the process was fair. The company provided evidence of a comprehensive negotiation process, and the Commission accepted that the union had participated willingly and in good faith. The Commission also found that the agreement contained all the minimum entitlements required by the Act and that it was fair and reasonable in its terms. The union's arguments regarding certain provisions were not upheld as the Commission found that these provisions were not unfair. As a result, the application for approval was successful.

The Fair Work Commission approved the D’Orsogna Limited Enterprise Agreement 2014, certifying it as a registered agreement under the Fair Work Act 2009. The Commission's decision was based on the finding that the agreement was made in good faith, contained all the required minimum entitlements, and was fair and reasonable. This decision provides a clear endorsement of the agreement and establishes its legal validity for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established