G & K O’Connor Pty Ltd

[2014] FWCA 391

[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

Printed by authority of the Commonwealth Government Printer

<Price code A, AE406401  PR546849>