G & K O’Connor Pty Ltd

[2014] FWCA 391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

G & K O’Connor Pty Ltd
(AG2013/11819)

G&K O’CONNOR PTY LTD ENTERPRISE AGREEMENT 2013

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 20 JANUARY 2014

Application for approval of the G&K O’Connor Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an Enterprise Agreement known as the G&K O’Connor Pty Ltd Enterprise Agreement 2013 (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] The application for approval of this Agreement was filed by Mr Steven Amendola, Partner, Ashurst, and Representative of G&K O’Connor Pty Ltd (G&K O’Connor) in this application, on 4 December 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised G&K O’Connor of those concerns.

[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 and that the Agreement, together with the Undertakings, will result in each employee whose employment is covered by the Agreement to be better off overall than if the employed under the Award as prescribed by s.193 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 day it is approved by the Fair Work Commission. The nominal expiry date of the Agreement is 4 years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the G&K O’Connor Pty Ltd Enterprise Agreement 2013. The applicant, G&K O’Connor Pty Ltd, sought approval of the agreement under section 186 of the Fair Work Act 2009. The dispute arose as the applicant wished to implement a new enterprise agreement that would alter the terms and conditions of employment for its workforce. The application was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it complied with the requirements of the Fair Work Act, and if it provided adequate protections for employees. The Commission had to determine if the agreement was negotiated in good faith, if it met the criteria for coverage and bargaining, and whether it provided minimum entitlements as stipulated by the Act. Additionally, the Commission considered whether the agreement would provide appropriate safeguards for employees, particularly in relation to any proposed changes to their conditions of employment.

The Fair Work Commission found that the agreement was genuinely negotiated and met all the legislative requirements for approval. The Commission examined the evidence provided by both parties and concluded that the agreement was the product of genuine negotiations between the applicant and the employees' representatives. The agreement was deemed to cover all necessary aspects of employment and provide for the employees’ minimum entitlements as required by the Fair Work Act. The Commission also found that the agreement contained adequate protections for employees, including provisions for consultation and dispute resolution mechanisms. As a result, the application for approval was successful.

The Fair Work Commission approved the G&K O’Connor Pty Ltd Enterprise Agreement 2013, confirming that it met all the necessary criteria for such approval under the Fair Work Act. The agreement was accepted as a genuine enterprise agreement and was considered to provide appropriate protections and entitlements for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established