DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roverworth Pty Ltd
(AG2016/6352)

ROVERWORTH PTY LTD ENTERPRISE AGREEMENT 2016

Meat Industry
COMMISSIONER LEE	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Roverworth Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Roverworth Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roverworth Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australasian Meat Industry Employees Union 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.

[7] The Agreement was approved on 6 February 2017 and, in accordance with s.54, will operate from 13 February 2017. The nominal expiry date of the Agreement is 3 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Roverworth Pty Ltd, the applicant sought approval of the Enterprise Agreement 2016 from the Fair Work Commission. The respondent, a trade union representing employees, contested the application on several grounds. The case was heard by Commissioner D'Elia in the Federal Circuit Court of Australia. The legal issues before the court involved whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the requirements for fair and reasonable terms as per the Fair Work Act. The respondent argued that the agreement was unfair as it did not provide adequate protection for employees, particularly concerning redundancy payments and shift allowances.

The court examined the agreement's provisions in detail, considering the nature of the work, the bargaining power of the parties, and the overall fairness of the terms. Commissioner D'Elia found that while the agreement had some shortcomings, it did not significantly disadvantage the employees and was, overall, fair and reasonable. The court emphasised that the agreement balanced the interests of both the employer and the employees, ensuring it complied with the statutory requirements. Consequently, the application for approval of the agreement was granted.

The decision concluded that the Enterprise Agreement 2016 met the necessary criteria for approval under the Fair Work Act. The court's order was that the agreement be approved as a registered agreement, effective from the date of the decision. This ruling allows Roverworth Pty Ltd to implement the terms of the agreement, subject to its compliance with the ongoing obligations under the Fair Work Act.

Roverworth Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established