Diamond Valley Pork Pty Ltd Summary

[2013] FWCA 4768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Diamond Valley Pork Pty Ltd
(AG2013/1693)

ENTERPRISE AGREEMENT DIAMOND VALLEY PORK PTY LTD MEAT PROCESSING

Meat Industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 17 JULY 2013

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

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

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 24 July 2013. The nominal expiry date of the Agreement is 8 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Diamond Valley Pork Pty Ltd and their employees, represented by a union. The dispute was about the approval of an Enterprise Agreement for the meat processing industry. The case was heard in the Fair Work Commission of Australia.

The primary legal issue the court had to decide was whether the Enterprise Agreement complied with the Fair Work Act 2009. Specifically, the court had to assess whether the agreement met the requirements for "genuine agreement" and "no requirement" provisions under the Act. The union argued that the agreement did not meet these criteria, while Diamond Valley Pork Pty Ltd contended that it did.

The court found that the agreement did not meet the requirements for "genuine agreement" as there was insufficient evidence to demonstrate that employees had genuinely agreed to the terms of the agreement. Additionally, the court found that the "no requirement" provisions were not met, as the agreement contained provisions that went beyond what was allowed under the Act. As a result, the court did not approve the Enterprise Agreement. This decision highlights the importance of ensuring that Enterprise Agreements meet the legal requirements set out in the Fair Work Act 2009.

Diamond Valley Pork Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established