DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H W Greenham & Sons Pty Ltd
(AG2017/2404)

H W GREENHAM & SONS PTY LTD MEAT PROCESSING ENTERPRISE AGREEMENT TONGALA 2017

Meat Industry
COMMISSIONER JOHNS	SYDNEY, 28 JULY 2017

Application for approval of the H W Greenham & Sons Pty Ltd Meat Processing Enterprise Agreement Tongala 2017.

[1] On 21 June 2017 H W Greenham & Sons Pty Ltd (Applicant) made an application for approval of the H W Greenham & Sons Pty Ltd Meat Processing Enterprise Agreement Tongala 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 August 2017. The nominal expiry date of the Agreement is 4 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, H W Greenham & Sons Pty Ltd, sought approval of a new enterprise agreement for its meat processing employees in Tongala. The Fair Work Commission (FWC) was asked to consider the agreement, which was negotiated between the employer and a union representing the employees. The nature of the dispute centred around the terms and conditions of employment, including wages, hours, and other workplace arrangements, as proposed in the new agreement.

The primary legal issues before the Commission involved whether the agreement was genuinely negotiated and met the requirements under the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if it provided for fair and reasonable terms, and if it was certified as a new agreement by a certified bargaining representative. The Commission also considered whether the agreement provided for a safety net of minimum terms and conditions and if it included appropriate dispute resolution mechanisms.

In its decision, the FWC found that the agreement was genuinely negotiated and met all legislative requirements. The Commission was satisfied that the process was conducted in good faith and that the terms of the agreement were fair and reasonable. It was also noted that the agreement included a safety net of minimum terms and conditions and provided for adequate dispute resolution mechanisms. The FWC approved the agreement, which will now apply to the employees covered by it.

The final orders of the FWC included the approval of the H W Greenham & Sons Pty Ltd Meat Processing Enterprise Agreement Tongala 2017, effective from the date of the decision. The agreement will provide the terms and conditions of employment for the covered employees until a new agreement is made or until the agreement is terminated in accordance with the Fair Work Act.

H W Greenham & Sons Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established