DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derby Industries Pty Ltd T/A Linley Valley Pork
(AG2019/3772)

DERBY INDUSTRIES PTY LTD - ENTERPRISE AGREEMENT 2019 (TALLOMAN MAINTENANCE)

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 OCTOBER 2019

Application for approval of the Derby Industries Pty Ltd - Enterprise Agreement 2019 (Talloman Maintenance).

[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 2019 (Talloman Maintenance) (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 statutory declaration, 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 Agreement was approved on 18 October 2019 and, in accordance with s 54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 25 October 2022

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of an enterprise agreement proposed by Derby Industries Pty Ltd, trading as Linley Valley Pork, against the objection of the Australian Manufacturing Workers’ Union. The agreement, known as the Derby Industries Pty Ltd - Enterprise Agreement 2019 (Talloman Maintenance), was contested on the grounds that it did not meet the necessary requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fairly negotiated and contained provisions that were in the best interests of the employees, while the union contended that it failed to meet the procedural fairness standards and did not adequately protect the employees' rights.

The primary legal issues before the commission were whether the agreement was genuinely negotiated and whether it met the procedural and substantive fairness standards as prescribed by the Fair Work Act. The commission needed to examine the negotiation process, the content of the agreement, and its implications for the employees. Furthermore, the commission had to determine whether the agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and other employment conditions.

After considering the evidence and submissions from both parties, the commission concluded that the agreement was fairly negotiated and contained provisions that were in the best interests of the employees. The commission found that the negotiation process met the procedural fairness standards and that the agreement provided adequate protections for the employees. It was noted that the agreement included provisions for minimum wage rates, leave entitlements, and other employment conditions that were consistent with industry standards. Consequently, the commission approved the agreement, finding that it met the requirements for approval under the Fair Work Act. The final orders of the commission were that the Derby Industries Pty Ltd - Enterprise Agreement 2019 (Talloman Maintenance) be approved and registered.

Derby Industries Pty Ltd T/A Linley Valley Pork

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established