H. W. Greenham & Sons Pty Ltd

[2021] FWCA 6643

[2021] FWCA 6643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H. W. Greenham & Sons Pty Ltd
(AG2021/7672)

H.W GREENHAM & SON PTY LTD MEAT PROCESSING ENTERPRISE AGREEMENT TONGALA

Meat Industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 NOVEMBER 2021

Application for approval of the H.W Greenham & Son Pty Ltd Meat Processing Enterprise Agreement Tongala.

[1] H. W. Greenham & Sons Pty Ltd has applied for approval of a single enterprise agreement known as the H.W Greenham & Son Pty Ltd Meat Processing Enterprise Agreement Tongala (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[3] Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test. A request to provide pre-emptive undertakings was withdrawn and further information was provided to satisfactorily address the Commission’s concerns.

[4] Noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and related materials, 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] The Agreement was approved on 11 November 2021 and, in accordance with s.54, will operate from 18 November 2021. The nominal expiry date of the Agreement is 18 November 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513837  PR735691>

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.