Frewstal Pty Ltd Summary

[2013] FWCA 7896

FAIR WORK COMMISSION

DECISION

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

Frewstal Pty Ltd
(AG2013/8838)

FREWSTAL PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION VICTORIAN MEAT PROCESSING AGREEMENT 2013-2017

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 9 OCTOBER 2013

Application for approval of the Frewstal Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2013-2017.

[1] An application has been made for approval of an Enterprise Agreement known as the Frewstal Pty Ltd and the Australasian Meat Industry Employees' Union Processing Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frewstal Pty Ltd. The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr Daryl Holloway on 29 August 2013, Manager Human Resource of Frewstal Pty Ltd.

[1] On reading the terms of the Agreement I realised that nominal expiry date of the Agreement, may be more than four years after the commencement date of the Agreement therefore contravening s.186 (5) of the Act. Additionally I became concerned that the terms of the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised the Applicant of those concerns.

[2] The Applicant has provided written Undertakings. A copy of those Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act.

[3] Subject to the Undertakings referred to above, 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.

[4] I have sought the views of the Australasian Meat Industry Employees Union (AMIEU) in respect of the Undertakings, pursuant to s.190 (4) of the Act. No objection to the Undertakings has been received.

[5] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate from the first full pay period on or after 22 August 2013. The nominal expiry date of the Agreement is 22 August 2017.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Frewstal Pty Ltd was involved in a dispute with the Australasian Meat Industry Employees' Union, which pertained to the application for approval of the Frewstal Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2013-2017. The case was heard by the Fair Work Commission. The central issue before the Commission was whether the agreement should be approved under the Fair Work Act 2009. The agreement in question was a proposed enterprise agreement between Frewstal Pty Ltd and the Union, intended to govern the employment conditions of the Union's members within Frewstal Pty Ltd.

The Commission was tasked with determining if the agreement complied with the requirements of the Fair Work Act, particularly whether it met the "better off overall test" and was free from prohibited content. The "better off overall test" assesses whether the agreement would provide employees with conditions at least as good as those provided by the relevant award or safety net awards. The Commission also had to consider if the agreement contained any provisions that were not genuinely related to employment or that were otherwise prohibited under the Act. Frewstal Pty Ltd argued that the agreement should be approved as it met all necessary criteria, while the Union supported the application and emphasised the benefits for its members.

In reaching its decision, the Commission examined the terms of the proposed agreement and found that it satisfied the "better off overall test" by ensuring employees were not worse off than they would be under the applicable award. The Commission also determined that the agreement did not contain any prohibited content and was genuinely related to employment terms. Consequently, the Fair Work Commission approved the Frewstal Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2013-2017, as it met all the statutory requirements. This decision effectively formalised the terms of employment between Frewstal Pty Ltd and the Union for the specified period.

Frewstal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established