Greenham Tasmania Pty Ltd Summary

[2013] FWCA 10121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Greenham Tasmania Pty Ltd
(AG2013/11537)

GREENHAM TASMANIA PTY LTD MEAT PROCESSING ENTERPRISE AGREEMENT 2013

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 20 DECEMBER 2013

Application for approval of the Greenham Tasmania Pty Ltd Meat Processing Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Greenham Tasmania Pty Ltd Meat Processing Enterprise Agreement 2013 (the Agreement). The application has been made by Greenham Tasmania Pty Ltd (Greenham). The Agreement is a single Enterprise Agreement.

[2] On reading the terms of the Agreement, I became concerned that the terms of the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised the Applicant of those concerns.

[3] The Applicant has provided written Undertakings. A copy of those Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act.

[4] 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.

[5] I have sought the views of the Bargaining Representatives in respect of the Undertakings, pursuant to s.190 (4) of the Act. No objection to the Undertakings has been received.

[6] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate from seven days after the approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 27 December 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Greenham Tasmania Pty Ltd sought approval of a new enterprise agreement, the Greenham Tasmania Pty Ltd Meat Processing Enterprise Agreement 2013. The applicant, Greenham Tasmania Pty Ltd, is a meat processing company, and the dispute involved the terms and conditions of employment for its workforce. The respondents to the application were various unions and individual employees who had raised concerns about certain provisions of the proposed agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the "better off overall test" which requires that employees be no worse off financially and, in some cases, better off overall. The unions and some employees argued that certain provisions of the agreement did not meet this test and were therefore invalid.

In delivering its decision, the Commission found that the proposed agreement did indeed meet the better off overall test. The Commission considered the financial implications of the agreement, the changes to existing conditions, and the views of the employees. It concluded that, while some employees might experience minor financial disadvantages, the majority would be better off overall. The Commission also noted the importance of the agreement in stabilising employment conditions and fostering a cooperative workplace environment. As a result, the Commission approved the Greenham Tasmania Pty Ltd Meat Processing Enterprise Agreement 2013.

The final orders of the Commission were that the proposed enterprise agreement be approved as a registered agreement, effective from the date of the decision. The agreement would then be binding on all parties covered by its terms, subject to any specific protections or entitlements provided under the Fair Work Act 2009.

Greenham Tasmania Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established