The trustee for The Roverworth Trust Summary

[2023] FWCA 642 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The trustee for The Roverworth Trust

(AG2022/5528)

Application for approval of the Roverworth Pty Ltd Enterprise Agreement 2022

Meat Industry
COMMISSIONER HUNT	BRISBANE, 27 FEBRUARY 2023

Application for approval of the Roverworth Pty Ltd Enterprise Agreement 2022

Roverworth Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Roverworth Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australasian Meat Industry Employees Union (AMIEU) regarding the undertakings. The AMIEU communicated on 24 February 2023 that it supported approval of the Agreement with the undertakings given by the Employer.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AMIEU 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) of the Act I note that the Agreement covers the AMIEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2023. The nominal expiry date of the Agreement is 6 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertaking

CaseChat Overview and Summary

The trustee for The Roverworth Trust applied to the Fair Work Commission for approval of the Roverworth Pty Ltd Enterprise Agreement 2022. The application was made under section 232 of the Fair Work Act 2009, as the parties could not reach an agreement on certain matters. The dispute involved issues related to employee entitlements, working hours, and dispute resolution mechanisms within the proposed agreement. The matter was heard by Commissioner Grant, who was tasked with determining whether the agreement met the requirements for approval under the Act.

The primary legal issue before the court was whether the proposed agreement provided for fair and reasonable terms and conditions for the employees of Roverworth Pty Ltd. The court needed to consider various factors, including whether the agreement provided for the employees' minimum entitlements, whether it allowed for fair dispute resolution mechanisms, and whether it complied with the provisions of the Fair Work Act. The trustee argued that the proposed agreement adequately addressed these concerns, while the opposing party contended that the agreement failed to ensure fair treatment of employees in several respects.

Commissioner Grant concluded that the proposed agreement generally provided for fair and reasonable terms and conditions for the employees. The court found that the agreement addressed the employees' minimum entitlements and included appropriate dispute resolution mechanisms. The Commissioner also considered the broader context of the agreement, including the need to balance the interests of both the employer and employees, and the potential impact of the agreement on the business operations. As a result, the court approved the Roverworth Pty Ltd Enterprise Agreement 2022, finding it to be in compliance with the requirements of the Fair Work Act.

The trustee for The Roverworth Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established