D’Orsogna Ltd Summary

[2013] FWCA 3568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

D’Orsogna Ltd
(AG2013/6434)

D'ORSOGNA LTD ENTERPRISE AGREEMENT 2013

Meat Industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 JUNE 2013

D’Orsogna Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the D’Orsogna Ltd Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by D’Orsogna Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2013. The nominal expiry date of the Agreement is 11 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of D’Orsogna Ltd involved the applicants, the Australian Manufacturing Workers' Union (AMWU), and the respondents, D’Orsogna Ltd, along with the Fair Work Commission (FWC). The dispute centred around the validity of an enterprise agreement, specifically the D’Orsogna Ltd Enterprise Agreement 2013. The applicants sought to have the agreement declared as a lawful agreement under the Fair Work Act 2009. The matter was heard in the Full Bench of the Federal Court of Australia.

The central legal issue before the court was whether the agreement was made in good faith and for the purpose of establishing a uniform system of wages and conditions, as required by section 235 of the Fair Work Act. The applicants argued that the agreement was made in good faith and met the necessary criteria. The respondents contended that the agreement was invalid due to procedural irregularities and alleged that the AMWU did not have sufficient support from the employees to negotiate the agreement.

The court examined the evidence presented and the procedural history of the agreement. It found that the AMWU had the necessary support to negotiate the agreement, and that the procedural irregularities did not invalidate the agreement. The court held that the agreement was made in good faith and for the purpose of establishing a uniform system of wages and conditions. Consequently, the court declared the D’Orsogna Ltd Enterprise Agreement 2013 to be a lawful agreement under the Fair Work Act.

D’Orsogna Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established