The Western Australian Meat Marketing Co-operative Limited

[2013] FWCA 5377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Western Australian Meat Marketing Co-operative Limited
(AG2013/7707)

WAMMCO INTERNATIONAL (KATANNING) AMIEU PROCESSING AGREEMENT (2013)

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 6 AUGUST 2013

Application for approval of the WAMMCO International (Katanning) AMIEU Processing Agreement (2013).

[1] An application has been made for approval of an enterprise agreement known as the WAMMCO International (Katanning) AMIEU Processing Agreement (2013) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Western Australian Meat Marketing Co-operative Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2013. The nominal expiry date of the Agreement is 6 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Western Australian Meat Marketing Co-operative Limited (WAMMCO) applied for approval of the WAMMCO International (Katanning) AMIEU Processing Agreement (2013). The application was made to the Fair Work Commission (FWC), which was required to determine whether the agreement was in the best interests of the employees covered by it. The AMIEU, representing the employees, objected to the application, arguing that the agreement was not in the best interests of the employees.

The central issue before the FWC was whether the agreement was in the best interests of the employees. This required the FWC to consider a range of factors, including the extent to which the agreement provided for fair and reasonable terms and conditions of employment, the extent to which it provided for a fair and reasonable process for resolving disputes, and the extent to which it provided for a fair and reasonable process for making decisions that affected the employees. The FWC also had to consider the views of the AMIEU, as the representative of the employees, and the submissions made by WAMMCO in support of the agreement.

After considering the evidence and submissions, the FWC determined that the agreement was in the best interests of the employees. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment, including a fair and reasonable process for resolving disputes and making decisions that affected the employees. The FWC also found that the agreement provided for a fair and reasonable process for resolving disputes between the employees and WAMMCO. The FWC therefore approved the agreement, subject to certain modifications.

The FWC made an order approving the WAMMCO International (Katanning) AMIEU Processing Agreement (2013), subject to certain modifications. The AMIEU was directed to give notice of the approved agreement to its members, and WAMMCO was directed to give notice of the approved agreement to its employees. The agreement was to come into effect on the date of the FWC's decision, and was to remain in force until such time as it was varied or terminated in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established