DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G. & K. O’Connor Pty Ltd
(AG2018/723)

THE G&K O’CONNOR PTY LTD ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2018

Application for approval of The G&K O’Connor Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The G&K O’Connor Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G. & K. O’Connor Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australasian Meat Industry Employees Union (AMIEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The AMIEU provided a Form F18 at the time of lodgement of the application which supported approval of the Agreement and indicated that the AMIEU sought to be covered by the Agreement.

[7] A number of Better off Overall Test (BOOT) concerns were raised by me with the Applicant. This ultimately led to an extensive amount of correspondence being exchanged between the Fair Work Commission (the Commission) and the Applicant. On 17 August 2018 the AMIEU submitted an amended Form F18 indicating that while they still supported approval of the Agreement and want to be covered, they now only supported approval subject to their concerns about the BOOT being satisfied. A mention hearing took place by telephone on 5 September 2018. The AMIEU raised a number of BOOT concerns not initially raised by the Commission, which I agreed were concerns that needed to be addressed. Ultimately, a number of written undertakings have been provided, along with written submissions in response to concerns raised.

[8] In the most recent exchange of correspondence I raised concerns as to the relevant classification matching for various classifications in the Agreement. This concern was highlighted by the AMIEU in its correspondence of 17 October 2018. The Applicant provided further written undertakings and a response in relation to the concerns raised. Views of the AMIEU on that undertaking and the response were sought and no further views have been provided by the AMIEU.

[9] The AMIEU have throughout the consideration of this application provided extensive submissions and views on undertakings provided which have assisted the Commission in its determination of the matter. The exchange of correspondence indicates that I agree with many, though not all of the matters raised by the AMIEU. Ultimately, having regard to all of the submissions made, taking into account the written undertakings provided and the modelling of various scenarios supplied to the parties, I am satisfied that employees are better off overall and the Agreement can be approved.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. The nominal expiry date of the Agreement is 28 October 2022.

COMMISSIONER

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ANNEXURE A

G. & K. O’Connor Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The Fair Work Commission, led by Deputy President Hagger, was tasked with determining whether the agreement complied with the necessary legal requirements.

The central issue before the court was whether the proposed enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court needed to ascertain if the agreement was fairly made, contained only permissible provisions, and complied with the procedural requirements. The primary concern was whether the agreement was genuinely negotiated and if it met the procedural fairness standards.

In examining the evidence, Deputy President Hagger found that the agreement was indeed fairly made and contained only permissible provisions. The employer had demonstrated that the agreement was negotiated in good faith and that procedural fairness was observed throughout the negotiation process. The court was satisfied that the agreement was comprehensive and covered all necessary aspects of the employment relationship. Consequently, the court approved the enterprise agreement, confirming its compliance with the relevant legal standards.

No additional orders were made beyond the approval of the enterprise agreement. The court's decision was based on a thorough analysis of the evidence and a careful consideration of the legal requirements under the Fair Work Act 2009.

G. & K. O’Connor 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