Derby Industries Pty Ltd

[2013] FWCA 7463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd
(AG2013/9512)

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

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 27 SEPTEMBER 2013

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

[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 - Boning) (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 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.

[5] 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.

[6] 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.

[7] 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

The case involved Derby Industries Pty Ltd and its employees, with the Fair Work Commission (FWC) hearing an application for the approval of the Enterprise Agreement 2013 (Linley Valley Pork - Boning). The applicants, Derby Industries, sought approval of the agreement under the Fair Work Act 2009. The legal issues before the FWC centred on whether the agreement met the requirements for approval under the Act, including the need to ensure that the agreement provides for fair and reasonable terms and conditions and that it was genuinely negotiated. The applicants argued that the agreement was fair and reasonable and genuinely negotiated, while the objectors contended that the agreement did not meet the necessary standards.

The FWC examined the evidence and submissions from both parties, considering the nature of the bargaining process, the content of the agreement, and its compliance with relevant legislative standards. The Commission found that the agreement was genuinely negotiated between the parties, and that it provided for fair and reasonable terms and conditions for the employees. The FWC also noted that the agreement included provisions for minimum rates of pay, penalty rates, and other conditions of employment, which were consistent with industry standards and practices. The FWC approved the application for the Enterprise Agreement 2013 (Linley Valley Pork - Boning), finding that it met the requirements for approval under the Act.

The FWC's decision was based on a detailed analysis of the evidence and submissions, and its consideration of the relevant legal standards. The Commission found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions for the employees. The FWC also noted that the agreement was consistent with industry standards and practices, and that it met the requirements for approval under the Fair Work Act 2009. The FWC's decision was binding on both parties and would come into effect on the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established