Derby Industries Pty Ltd T/A Linley Valley Pork

[2021] FWCA 6855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd T/A Linley Valley Pork
(AG2021/8291)

DERBY INDUSTRIES PTY LTD - ENTERPRISE AGREEMENT 2021 (LINLEY VALLEY PORK)

Meat Industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 NOVEMBER 2021

Application for approval of the Derby Industries Pty Ltd - Enterprise Agreement 2021 (Linley Valley Pork)

[1] Derby Industries Pty Ltd T/A Linley Valley Pork has made an application for the approval of an enterprise agreement known as the Derby Industries Pty Ltd - Enterprise Agreement 2021 (Linley Valley Pork) (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Australasian Meat Industry Employees’ Union (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 25 November 2021 and, in accordance with s 54, will operate from 2 December 2021. The nominal expiry date of the Agreement is 25 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between Derby Industries Pty Ltd, trading as Linley Valley Pork, and its employees. The application was brought before the Fair Work Commission, an Australian tribunal with jurisdiction over employment law matters. The parties sought the Commission's approval of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for the employees of Linley Valley Pork.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms of employment, and if it was made in accordance with the procedural requirements of the Act. The Commission also needed to consider whether the agreement complied with the "better off overall test," which requires that the terms of the agreement be no less favourable to the employees than the applicable awards or other relevant agreements.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the legal criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms of employment and was made in accordance with the procedural requirements of the Act. The Commission also determined that the agreement was likely to be better off overall for the employees, as it provided for improved pay and conditions compared to the applicable awards. Therefore, the Commission approved the proposed enterprise agreement, subject to certain minor modifications to address procedural concerns.

As a result of the Commission's decision, the parties are now bound by the approved enterprise agreement, which will govern the terms and conditions of employment for the employees of Linley Valley Pork. The final orders of the Commission included the approval of the agreement, with certain modifications, and the publication of the approved agreement on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established