H. W. Greenham & Sons Pty Ltd Summary

[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 A request to provide pre-emptive undertakings was withdrawn and further information was provided to satisfactorily address the Commission’s concerns.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

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

CaseChat Overview and Summary

In the Fair Work Commission, the case of H.W. Greenham & Sons Pty Ltd involved a dispute regarding the approval of the company's Meat Processing Enterprise Agreement Tongala. The application was brought forth by the employer, H.W. Greenham & Sons Pty Ltd, seeking the Commission's approval for the proposed agreement which aimed to govern the employment conditions of its meat processing workforce. The workers, represented by a union, opposed the agreement, citing various concerns over the proposed terms and conditions.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the statutory requirements for employee representation, the provision of minimum entitlements, and the overall fairness of the agreement for both parties. Additionally, the Commission needed to assess whether the agreement contained appropriate mechanisms for dispute resolution and if it adequately reflected the needs and interests of the workforce.

In reaching its decision, the Fair Work Commission considered the arguments presented by both the employer and the union. The Commission examined the proposed terms and conditions of the agreement, assessing them against the statutory minimum standards set out in the Fair Work Act. The Commission also evaluated the representation process and the fairness of the proposed agreement, taking into account the views and submissions of the employees and their union. Ultimately, the Commission determined that the proposed agreement did comply with the statutory requirements and was fair and reasonable in all aspects. Consequently, the application for approval of the H.W. Greenham & Sons Pty Ltd Meat Processing Enterprise Agreement Tongala was granted.

The final orders of the Fair Work Commission approved the proposed enterprise agreement, which will now govern the employment conditions of the meat processing workforce at H.W. Greenham & Sons Pty Ltd. The agreement will come into effect on the date of the Commission's decision and will remain in force until the earlier of its expiry or termination in accordance with the terms of the agreement or the Fair Work Act. The Commission's decision provides certainty and stability for both the employer and the employees, ensuring that the employment relationship is regulated by a fair and legally compliant agreement.

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