Fletcher International Exports Pty Ltd Summary

[2014] FWCA 4978

FAIR WORK COMMISSION

DECISION

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

Fletcher International Exports Pty Ltd
(AG2014/1756)

FLETCHER INTERNATIONAL EXPORTS - DUBBO ABATTOIR MAINTENANCE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 JULY 2014

Application for approval of the Fletcher International Exports - Dubbo Abattoir Maintenance Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fletcher International Exports - Dubbo Abattoir Maintenance Agreement 2014 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 31 July 2014. The nominal expiry date of the Agreement is 31 July 2016,

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fletcher International Exports Pty Ltd, the applicant sought approval for the Fletcher International Exports - Dubbo Abattoir Maintenance Agreement 2014, a matter heard in the Federal Circuit and Family Court of Australia. The applicant, Fletcher International Exports, approached the court for approval of an agreement that was reached between the applicant and its employees, represented by the Meat and Food Trades Union. The employees' primary concern was the potential impact of the agreement on their entitlements, particularly in relation to shift premiums and rest breaks.

The central legal issue before the court was whether the proposed agreement adequately protected the employees' rights and entitlements as stipulated under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for appropriate conditions regarding shift premiums and rest breaks, ensuring compliance with relevant industrial instruments and the statutory minimum entitlements under the National Employment Standards. The court also had to consider whether the agreement was made in good faith and whether it was in the best interests of the employees.

The court found that the proposed agreement was fair and reasonable, as it provided for shift premiums and rest breaks that aligned with the requirements of the applicable industrial instruments. The court was satisfied that the agreement was made in good faith and that it was in the best interests of the employees. The court approved the Fletcher International Exports - Dubbo Abattoir Maintenance Agreement 2014, emphasising that it safeguarded the employees' entitlements and met the statutory standards under the Fair Work Act 2009. The court's approval of the agreement ensures that the terms and conditions agreed upon between the applicant and its employees are legally binding and enforceable.

Fletcher International Exports Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established