DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Devro Pty Limited
(AG2015/5764)

DEVRO PTY LIMITED MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Devro Pty Limited Maintenance Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Devro Pty Limited Maintenance Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Devro Pty Limited. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 October 2015 and, in accordance with s.54, will operate from 19 October 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Devro Pty Limited, an Australian meat processing company, was involved in a dispute regarding the approval of a Maintenance Employees Enterprise Agreement 2014. The matter was brought before the Fair Work Commission, where the union representing the maintenance employees sought approval of the agreement under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it contained the necessary safety net provisions and if it had been negotiated in good faith. The union argued that the agreement was fair and reasonable, while Devro contended that certain provisions did not comply with the statutory safety net.

The Fair Work Commission found that while the majority of the agreement met the legislative requirements, several provisions regarding allowances and penalty rates were insufficient. The Commission held that the agreement did not fully comply with the safety net provisions as it failed to adequately address overtime, shift differentials, and weekend work. The Commission emphasised that these safety net provisions were essential to ensure that employees were not disadvantaged. Consequently, the Commission did not approve the agreement in its entirety but provided specific directions for amendments to address the deficiencies.

The Fair Work Commission ordered Devro and the union to make the necessary amendments to the agreement to comply with the safety net provisions. The parties were required to resubmit the amended agreement for approval within a specified timeframe. This decision underscores the importance of ensuring that enterprise agreements meet all statutory requirements to protect employees' rights.

Devro Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established