DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diamond Valley Pork Pty Ltd
(AG2017/2922)

ENTERPRISE AGREEMENT DIAMOND VALLEY PORK PTY LTD MEAT PROCESSING 2017

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 SEPTEMBER 2017

Application for approval of the Enterprise Agreement Diamond Valley Pork Pty Ltd Meat Processing 2017.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Diamond Valley Pork Pty Ltd Meat Processing 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamond Valley Pork Pty Ltd. 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.

[1] Subject to the undertakings referred to above, 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. 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.

[1] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[2] 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) I note that the Agreement covers the organisation.

[3] The Agreement was approved on 13 September 2017 and, in accordance with s.54, will operate from 20 September 2017. The nominal expiry date of the Agreement is 8 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an Enterprise Agreement proposed by Diamond Valley Pork Pty Ltd. The agreement in question was intended to govern the employment conditions of the company's meat processing workers. The applicant sought the commission's approval under the Fair Work Act 2009 to ensure the agreement would be legally binding and enforceable.

The primary legal issues before the commission were whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act and whether it met the 'better off overall test'. This test requires that the terms of the agreement must not be less favourable to employees than their previous conditions of employment or the applicable award or registered agreement. The commission also needed to consider whether the agreement had been genuinely negotiated and if it complied with other provisions of the act, including those relating to the protection of vulnerable employees.

In its decision, the commission examined the proposed agreement in detail, considering the provisions related to wages, hours of work, leave entitlements, and other employment conditions. The commission found that the agreement generally met the statutory requirements and was genuinely negotiated between the parties. It concluded that the agreement was likely to be better off overall for the majority of the employees, taking into account the various benefits provided by the agreement, such as increased wages and improved working conditions. The commission approved the agreement, subject to certain minor modifications to ensure compliance with the act.

The final orders of the commission were that the Enterprise Agreement Diamond Valley Pork Pty Ltd Meat Processing 2017 be approved with the specified modifications. The approved agreement would now be registered with the Fair Work Commission, thereby becoming a legally binding document governing the employment conditions of the workers covered by the agreement.

Diamond Valley Pork Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established