Derby Industries Pty Ltd

[2013] FWCA 7462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd
(AG2013/9509)

DERBY INDUSTRIES PTY LTD - ENTERPRISE AGREEMENT 2013 (LINLEY VALLEY PORK - ABATTOIR)

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 27 SEPTEMBER 2013

Application for approval of the Derby Industries Pty Ltd - Enterprise Agreement 2013 (Linley Valley Pork - Abattoir).

[1] An application has been made for approval of an enterprise agreement known as the Derby Industries Pty Ltd - Enterprise Agreement 2013 (Linley Valley Pork - Abattoir) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Derby Industries Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[3] 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.

[4] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2013. The nominal expiry date of the Agreement is 27 September 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

2 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Derby Industries Pty Ltd, sought approval of an Enterprise Agreement 2013 with its employees at the Linley Valley Pork - Abattoir. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement was not fairly negotiated and did not adequately protect employees' rights and interests. The dispute centred around specific provisions in the agreement that the AMWU claimed were not in line with the requirements of the Fair Work Act 2009.

The key legal issues before the commission included whether the agreement had been fairly negotiated and whether it met the criteria for approval as set out in the Fair Work Act. The AMWU contended that the negotiation process was flawed and that certain terms and conditions in the agreement did not comply with statutory requirements. Additionally, the commission had to assess whether the agreement provided fair and reasonable terms for the employees, taking into account the broader context of industrial relations in the sector.

After reviewing the evidence and arguments presented by both parties, the commission found that the agreement had been fairly negotiated and met the statutory requirements for approval. The commission noted that the process had been conducted in good faith and that the terms of the agreement were fair and reasonable. The commission concluded that the agreement provided a suitable framework for the employment of workers at the Linley Valley Pork - Abattoir, balancing the interests of both the employer and the employees. Consequently, the application for approval of the agreement was granted.

The commission's decision was that the Derby Industries Pty Ltd - Enterprise Agreement 2013 (Linley Valley Pork - Abattoir) should be approved and registered. The AMWU's opposition was dismissed, and the agreement was deemed to be compliant with the relevant provisions of the Fair Work Act. The order effectively formalised the agreement as a binding contract between the employer and its employees at the specified location.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established