DECISION

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

D'Orsogna Ltd
(AG2016/1508)

D'ORSOGNA ENTERPRISE AGREEMENT 2016 VICTORIA

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 4 AUGUST 2016

Application for approval of the D'Orsogna Enterprise Agreement 2016 Victoria.

[1] D’Orsogna Ltd applies for approval of an enterprise agreement known as the D'Orsogna Enterprise Agreement 2016 Victoria (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 3 August 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] The Agreement does not contain a flexibility term that is consistent with the requirements in s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 11 August 2016. The nominal expiry date of the Agreement is 4 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved D'Orsogna Ltd, an employer, and the Retail and Fast Food Workers Union, representing employees, regarding the application for approval of the D'Orsogna Enterprise Agreement 2016 in Victoria. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission was tasked with determining the validity of the agreement and its adherence to legislative provisions.

The central legal issues revolved around the application process for the approval of the enterprise agreement and whether the agreement contained the necessary components as stipulated by the Fair Work Act 2009. The Commission had to examine whether the agreement was genuinely a bargain between the parties, and whether it complied with the requirements set out in the Fair Work Act 2009, particularly focusing on the obligations of the employer and the rights of the employees. Additionally, the Commission considered whether the agreement was consistent with the broader principles of the Fair Work Act 2009.

The Fair Work Commission found that the application for approval of the D'Orsogna Enterprise Agreement 2016 was valid and that the agreement met the statutory requirements. The Commission determined that the agreement was a genuine bargain between the parties, as evidenced by the negotiation process and the substantive terms of the agreement. The Commission also confirmed that the agreement complied with the Fair Work Act 2009 and that it was consistent with the broader objectives of the Act. The Commission approved the application for the agreement to be registered, finding that it was in the best interests of the employees and the employer.

The final orders of the Commission were that the D'Orsogna Enterprise Agreement 2016 be registered as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This decision provided clarity on the application process for enterprise agreements and reinforced the importance of genuine bargaining in the workplace.

D'Orsogna Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established