DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Weston Foods Limited
(AG2015/5948)

CASTLEMAINE (PROCESSING AND LOGISTICS) ENTERPRISE AGREEMENT 2015

Meat industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 NOVEMBER 2015

Application for approval of the Castlemaine (Processing and Logistics) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Castlemaine (Processing and Logistics) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees Union, 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 13 November 2015. The nominal expiry date of the Agreement is 6 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, George Weston Foods Limited sought approval of the Castlemaine (Processing and Logistics) Enterprise Agreement 2015 from the Fair Work Commission. The application was brought under section 234 of the Fair Work Act 2009, seeking that the agreement be certified as a modern award. The nature of the dispute centred on whether the enterprise agreement complied with the legislative requirements and whether it could be considered a lawful and fair agreement for the employees covered by it.

The court was tasked with examining several legal issues, including whether the agreement provided for a fair and reasonable method for determining employees' pay and conditions, and whether it adhered to the good faith bargaining provisions of the Act. Additionally, the court had to consider whether the agreement met the minimum standards set by the relevant modern award and whether the agreement had been genuinely negotiated between the employer and the employees' representatives.

After thorough consideration of the evidence and submissions, the court found that the enterprise agreement met all the necessary criteria. The agreement was deemed to be fairly negotiated, and it provided for a reasonable method of determining employees' pay and conditions. The court also concluded that the agreement did not fall below the minimum standards set out in the relevant modern award. Therefore, the court approved the application and certified the enterprise agreement under section 234 of the Fair Work Act 2009.

The final orders of the court were that the Castlemaine (Processing and Logistics) Enterprise Agreement 2015 be certified as a modern award, effective from the date of the decision. This certification ensures that the agreement will govern the terms and conditions of employment for the relevant employees, providing a legally binding framework for their work arrangements.

George Weston Foods Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established