DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epona Pty Ltd
(AG2020/3304)

EPONA PTY LTD ENTERPRISE AGREEMENT

Meat Industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 8 DECEMBER 2020

Application for approval of the Epona Pty Ltd Enterprise Agreement.

[1] Epona Pty Ltd has applied for approval of a single enterprise agreement known as the Epona Pty Ltd Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 8 December 2020 and, in accordance with s.54, will operate from 15 December 2020. The nominal expiry date of the Agreement is 8 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Epona Pty Ltd, an employer, sought the approval of an Enterprise Agreement with their employees as part of the Fair Work Act 2009 process. The application was brought before the Fair Work Commission (FWC), which was tasked with determining whether the proposed agreement met the statutory requirements for approval.

The legal issues before the Commission were whether the agreement was a "bargaining agreement" within the meaning of the Act and whether it complied with the "better off overall test." The latter requires that the agreement must be at least as good as the applicable award or safety net provisions. Additionally, the FWC needed to assess whether the agreement was genuinely negotiated and met the requirements of the good faith bargaining provisions.

In evaluating the application, the FWC found that the agreement was a bona fide bargaining agreement and had been negotiated in good faith. The Commission also determined that the agreement satisfied the better off overall test, as it provided for improvements in wages and conditions that were superior to the safety net provisions. The FWC concluded that the proposed agreement met all necessary criteria and approved it accordingly.

As a result of the FWC's approval, the Enterprise Agreement between Epona Pty Ltd and their employees was legally binding, and the terms outlined within it would govern the employment conditions of the parties involved.

Epona 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