Killarney Pork Operations Pty Ltd

[2014] FWCA 1457

FAIR WORK COMMISSION

DECISION

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

Killarney Pork Operations Pty Ltd
(AG2014/3754)

KILLARNEY PORK OPERATIONS PTY LTD ENTERPRISE AGREEMENT 2014

Meat Industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 FEBRUARY 2014

Application for approval of the Killarney Pork Operations Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Killarney Pork Operations Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Australasian Meat Industry Employees Union (AMIEU), being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and will operate from 7 March 2014. The nominal expiry date of the Agreement is 6 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Killarney Pork Operations Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement. The application concerned a proposed agreement that aimed to regulate the terms and conditions of employment for employees in the company. The Fair Work Commission was the court tasked with assessing the application to ensure the agreement met the legal standards outlined in the Fair Work Act 2009.

The legal issues that arose in the case revolved around the compliance of the proposed agreement with the Fair Work Act. Specifically, the court had to determine whether the agreement contained terms that were contrary to the provisions of the Act, and whether it adhered to the procedural requirements for the approval of enterprise agreements. The court also needed to assess whether the agreement provided adequate protections for employees and whether it was the product of genuine bargaining between the employer and the employees.

The Fair Work Commission, after considering the application and the submissions made by both parties, concluded that the proposed agreement did not contravene any provisions of the Fair Work Act. The court found that the agreement was the outcome of genuine bargaining between the employer and the employees, and it provided adequate protections for employees. The Commission was satisfied that the agreement was not contrary to the public interest and, therefore, approved the application for the agreement's registration. This decision allowed the proposed terms and conditions of employment to be legally binding on the parties involved.

The Fair Work Commission approved the application for the registration of the Killarney Pork Operations Pty Ltd Enterprise Agreement 2014. This decision meant that the agreement was legally enforceable and could be used to govern the employment conditions of the employees in the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established