H W Greenham & Sons Pty Ltd Summary

[2013] FWCA 4967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H W Greenham & Sons Pty Ltd
(AG2013/7387)

H W GREENHAM & SONS PTY LTD MEAT PROCESSING ENTERPRISE AGREEMENT TONGALA 2013

Meat Industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 24 JULY 2013

Application for approval of the H W Greenham & Sons Pty Ltd Meat Processing Enterprise Agreement Tongala 2013.

[1] An application has been made for approval of an enterprise agreement known as the H W Greenham & Sons Pty Ltd Meat Processing Enterprise Agreement Tongala 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clauses 7.7, 7.8 and 33 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 31 July 2013. The nominal expiry date of the Agreement is 30 July 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, H W Greenham & Sons Pty Ltd, sought approval of a new enterprise agreement under the Fair Work Act 2009. The application was made in the Fair Work Commission. The agreement in question was entered into between the company and its employees, covering matters such as wages, conditions of employment, and dispute resolution mechanisms. The applicants argued that the agreement was a genuine bargain and met the requirements of the Act, including the "no disadvantage test". The respondents, represented by the Australian Manufacturing Workers' Union, opposed the application, claiming that the agreement did not meet the no disadvantage test and that the process leading to the agreement was flawed.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement was a genuine bargain, whether it complied with the no disadvantage test, and whether the process leading to the agreement was fair and lawful. The Commission also had to consider the evidence and submissions from both parties regarding the terms of the agreement and the process by which it was negotiated. The court had to ensure that the agreement did not adversely affect the employees compared to their previous conditions and that the agreement was made in good faith.

The Fair Work Commission carefully reviewed the evidence presented by both parties. It found that the agreement was a genuine bargain as it was negotiated in good faith and covered a range of terms and conditions. The Commission concluded that the no disadvantage test was met, as the agreement did not place employees in a worse position than they were in under their previous enterprise agreement. The Commission also found that the process leading to the agreement was fair and that the agreement was not contrary to public policy. The Commission approved the application, determining that the agreement met all the statutory requirements.

As a result of the Commission's decision, the H W Greenham & Sons Pty Ltd Meat Processing Enterprise Agreement Tongala 2013 was approved and is now in effect. This decision ensures that the employees of the company are covered by a legally binding agreement that outlines their terms and conditions of employment. The approval of the agreement provides certainty and stability for both the employer and the employees, and it ensures that the agreement complies with the requirements of the Fair Work Act.

H W Greenham & Sons Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established