G. & K. O’Connor Pty Ltd Summary

[2022] FWCA 3991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G. & K. O’Connor Pty Ltd

(AG2022/4505)

THE G & K O’CONNOR PTY LTD ENTERPRISE AGREEMENT 2022

Meat Industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 14 NOVEMBER 2022

Application for approval of THE G & K O’CONNOR PTY LTD ENTERPRISE AGREEMENT 2022

G. & K. O’Connor Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as THE G & K O’CONNOR PTY LTD ENTERPRISE AGREEMENT 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 14 November 2022 and, in accordance with s 54, will operate from 21 November 2022. The nominal expiry date of the Agreement is 14 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, G. & K. O’Connor Pty Ltd, applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement was in dispute, and the application was brought before the Commission to determine whether it met the legal requirements for approval. The applicants sought to have the agreement, which was entered into with their employees, approved as a certified agreement under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it provided for a genuine enterprise, and whether it met the other criteria for approval, such as covering the terms and conditions of employment for the employees and providing for a process for resolving disputes.

The Commission found that the agreement was made in good faith and was for a genuine enterprise. It was determined that the agreement met all the necessary criteria for approval under the Fair Work Act. The Commission noted that the agreement contained provisions that were fair and reasonable for the employees and provided for a comprehensive process for resolving disputes. The Commission was satisfied that the agreement provided for a fair and equitable resolution of employment issues and was in the best interests of both the applicants and the employees.

The Fair Work Commission approved the enterprise agreement, making it a certified agreement under the Fair Work Act. This decision means that the agreement is legally binding and will govern the terms and conditions of employment for the employees of G. & K. O’Connor Pty Ltd. The approval ensures that the agreement provides a fair and reasonable framework for resolving employment issues and maintaining a stable and productive workplace.

G. & K. O’Connor Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established