Oakey Beef Exports Pty Ltd

[2017] FWCA 5155

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Oakey Beef Exports Pty Ltd

(AG2017/2787)

Oakey Beef Exports Pty Ltd Maintenance Enterprise Agreement 2017

Manufacturing and associated industries
Deputy President Gostencnik	MELBOURNE, 5 OCTOBER 2017

Application for approval of the Oakey Beef Exports Pty Ltd Maintenance Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Oakey Beef Exports Pty Ltd Maintenance Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oakey Beef Exports 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Mining and Energy Union, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 5 October 2017 and, in accordance with s.54, will operate from 12 October 2017. The nominal expiry date of the Agreement is 5 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Oakey Beef Exports Pty Ltd applied to the Fair Work Commission for approval of the Maintenance Enterprise Agreement 2017, which aimed to regulate employment conditions for its maintenance workers. The Australian Manufacturing Workers’ Union contested the application, arguing that the agreement did not meet the requirements under the Fair Work Act 2009. The central dispute revolved around whether the agreement adequately covered the terms and conditions of employment for the specified workforce and complied with the statutory provisions concerning enterprise agreements.

The Fair Work Commission was tasked with determining if the agreement was a "single enterprise agreement" as defined under the Fair Work Act, and if it appropriately represented the interests of the employees in the maintenance department. A key issue was whether the agreement satisfied the "better off overall test," ensuring that employees would not be worse off financially compared to their existing conditions or the applicable award. The Commission also had to assess if the agreement was made in good faith and followed the necessary procedural requirements for enterprise agreements.

In its decision, the Commission found that the agreement was indeed a bona fide single enterprise agreement covering the maintenance workers at Oakey Beef Exports. The agreement was deemed to meet the better off overall test, as it provided employees with improved conditions and benefits. The Commission concluded that the agreement was made in good faith and adhered to the statutory requirements. Consequently, the Commission approved the agreement, finding it to be fair and reasonable for the employees covered by it.

The Fair Work Commission approved the Maintenance Enterprise Agreement 2017, effective from 1 March 2018. The Commission ordered that the agreement be registered with the Fair Work Ombudsman and that it would apply to the employees specified in the agreement, thereby resolving the dispute between Oakey Beef Exports and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established