Frewstal Pty Ltd

[2013] FWCA 7689

FAIR WORK COMMISSION

DECISION

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

Frewstal Pty Ltd
(AG2013/8843)

FREWSTAL PTY LTD AND THE AUSTRALIASIAN MEAT INDUSTRY EMPLOYEES' UNION MEAT ROOMS EMPLOYEES AGREEMENT 2013-2017

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 2 OCTOBER 2013

Application for approval of the Frewstal Pty Ltd and the Australasian Meat Industry Employees' Union Meat Rooms Employees 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 Meat Rooms Employees 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.

[3] 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.

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

[5] 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.

[6] 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.

[7] 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

APPENDIX A

CaseChat Overview and Summary

Frewstal Pty Ltd applied for approval of an enterprise agreement made with the Australasian Meat Industry Employees' Union. The application was brought before the Fair Work Commission. The nature of the dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and was appropriately bargained, while the objector contended that the agreement did not meet the statutory requirements, particularly in relation to the provisions governing casual employees and the process by which the agreement was made.

The court had to determine whether the agreement was genuinely bargained for, made in good faith, and whether it met the requirements of being a "better off overall test" for the employees. Furthermore, the court needed to consider whether the agreement included provisions that were contrary to public policy or were otherwise invalid. The court examined the evidence presented regarding the negotiation process and the terms of the agreement, including the specific clauses regarding casual employees.

In delivering its decision, the court found that the agreement was genuinely bargained for and made in good faith. The court also found that the agreement met the "better off overall test" as it provided for a fair and reasonable outcome for the employees. The court determined that the provisions regarding casual employees were not contrary to public policy and were appropriately included in the agreement. The court approved the enterprise agreement as it complied with the statutory requirements and was in the best interests of the employees.

The final orders of the court were that the Frewstal Pty Ltd and the Australasian Meat Industry Employees' Union Meat Rooms Employees Agreement 2013-2017 was approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the decision until such time as it was terminated, varied, or replaced in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established