Luv-A-Duck Pty Ltd Summary

[2018] FWCA 3193

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Luv-A-Duck Pty Ltd

(AG2018/50)

LUV-A-Duck Pty Ltd (Processing) - National Union of Workers Certified Agreement 2017-2020

Poultry processing
Commissioner Lee	MELBOURNE, 4 JUNE 2018

Application for approval of the Luv-A-Duck Pty Ltd (Processing) - National Union of Workers Certified Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Luv-A-Duck Pty Ltd (Processing) - National Union of Workers Certified Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Luv-A-Duck Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 19 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Luv-A-Duck Pty Ltd, an employer, and the National Union of Workers, a union representing employees. The dispute centred on the approval of the Luv-A-Duck Pty Ltd (Processing) - National Union of Workers Certified Agreement 2017-2020. The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The primary legal issues were whether the agreement provided adequate protections and benefits to the employees, whether it complied with the statutory requirements for certification, and if the process by which the agreement was negotiated was fair and transparent. The Commission also considered whether the agreement addressed the needs of the workforce appropriately and if it promoted harmonious workplace relations.

The Fair Work Commission concluded that the agreement was fair and met the statutory requirements for certification. The Commission noted that the agreement provided for fair wages and conditions, and it included provisions that would support the employees' professional development and workplace safety. Additionally, the Commission found that the negotiation process was transparent and that the union had adequately represented the interests of the employees. Based on these findings, the Commission approved the agreement, finding that it was in the best interests of the employees and compliant with the Act.

The Commission's decision was made on the basis of the evidence presented and the application of relevant legal principles. The final orders of the Commission included the approval of the Luv-A-Duck Pty Ltd (Processing) - National Union of Workers Certified Agreement 2017-2020, which would now be binding on the parties involved. The agreement would remain in effect until the end of the specified term, subject to any further orders or variations that may be made by the Commission in the future.

Luv-A-Duck Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established