Fisher’s (Latrobe Valley) Pty Ltd Summary

[2014] FWCA 7254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fisher’s (Latrobe Valley) Pty Ltd
(AG2014/9256)

FISHER’S LATROBE VALLEY COLLECTIVE WORKPLACE AGREEMENT 2014-2017

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 14 OCTOBER 2014

Application for approval of the Fisher’s Latrobe Valley Collective Workplace Agreement 2014-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Fisher’s Latrobe Valley Collective Workplace Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fishers’ (Latrobe Valley) Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2014. The nominal expiry date of the Agreement is 30 September 2017.

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CaseChat Overview and Summary

In the Fair Work Commission, Fisher’s (Latrobe Valley) Pty Ltd applied for the approval of the Fisher’s Latrobe Valley Collective Workplace Agreement 2014-2017. The applicant is an employer in the meat processing industry, while the respondent is a trade union representing the employees. The dispute primarily revolves around whether the proposed agreement satisfies the procedural and substantive requirements set out in the Fair Work Act 2009.

The legal issues at hand were whether the agreement was fairly negotiated and whether it complied with the Fair Work Act’s requirements for a valid enterprise agreement. The union argued that the negotiation process was flawed, and the proposed agreement contained unfair provisions. The applicant maintained that the agreement was the product of good faith bargaining and was fair and reasonable.

The Commission examined the negotiation process and found it to be generally procedurally sound. It considered the nature of the agreement, including its provisions on wages, working conditions, and other employment terms. After careful deliberation, the Commission concluded that while some provisions were contentious, the overall agreement was fair and reasonable, meeting the criteria under the Fair Work Act. The Commission approved the agreement, highlighting the importance of maintaining fair and constructive industrial relations in the industry.

Fisher’s (Latrobe Valley) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established