Greenham Gippsland Pty Ltd Summary

[2022] FWCA 4615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greenham Gippsland Pty Ltd

(AG2022/5255)

Gippsland Pty Ltd Meat Processing Enterprise Agreement Gippsland 2022

Meat Industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 DECEMBER 2022

Application for approval of the Greenham Gippsland Pty Ltd Meat Processing Enterprise Agreement Gippsland 2022

An application has been made for approval of an enterprise agreement known as the Greenham Gippsland Pty Ltd Meat Processing Enterprise Agreement Gippsland 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greenham Gippsland Pty Ltd. The Agreement is a single enterprise agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Australasian Mean 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 06 January 2022. The nominal expiry date of the Agreement is 06 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Greenham Gippsland Pty Ltd, sought approval of the Greenham Gippsland Pty Ltd Meat Processing Enterprise Agreement Gippsland 2022. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was a genuine enterprise agreement and that it complied with the statutory provisions. The respondents, who included various employee groups, contested the approval on the basis that the agreement did not meet the statutory criteria for genuineness and proper bargaining.

The key legal issues before the Commission were whether the agreement was genuinely an agreement between the employer and the employees, whether it contained the necessary minimum terms and conditions, and whether it was certified in the correct manner. The Commission examined the process by which the agreement was formed, the content of the agreement, and the manner of its certification. The Commission also considered whether the agreement provided for a fair and efficient workplace and whether it complied with the procedural requirements set out in the Act.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement and that it contained the required minimum terms and conditions. The Commission noted that the agreement was negotiated in good faith and that it had been certified by the relevant officers. The Commission also found that the agreement provided for a fair and efficient workplace and that it complied with the statutory requirements. Consequently, the Commission approved the agreement.

The Commission's final orders included the approval of the Greenham Gippsland Pty Ltd Meat Processing Enterprise Agreement Gippsland 2022, effective from the date of the Commission's decision. The agreement was to apply to the employees covered by the agreement, and the employer was required to give written notice of the approval to all affected employees. The Commission also ordered that the agreement be registered with the Fair Work Commission.

Greenham Gippsland Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established