The Western Australian Meat Marketing Co-operative Limited Summary

[2013] FWCA 1969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Western Australian Meat Marketing Co-operative Limited
(AG2013/5785)

WESTERN AUSTRALIAN MEAT MARKETING CO-OPERATIVE LIMITED KATANNING DIVISION MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT

Meat Industry
COMMISSIONER CLOGHAN	PERTH, 2 APRIL 2013

Application for approval of the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement

[1] On 21 March 2013, the Western Australian Meat Marketing Co-operative Limited made application for approval of a single enterprise agreement to be known as the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 11 March 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has declared that the CEPU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the CEPU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the CEPU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 9 April 2013.

[7] The nominal expiry date of this Agreement is 8 April 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Western Australian Meat Marketing Co-operative Limited and its employees, specifically those in the Katanning Division. The dispute centred around the approval of the Enterprise Agreement proposed by the company. The matter was heard in the Fair Work Commission, which is the federal workplace relations tribunal with jurisdiction over enterprise agreements and other employment-related matters.

The primary legal issue the Commission had to address was whether the proposed Enterprise Agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for fair and reasonable terms and conditions, including matters such as minimum rates of pay, hours of work, and other employment conditions. The Commission also had to consider if the agreement had been made in good faith and whether it complied with the procedural requirements of the Act, including the necessity to provide employees with the opportunity to be represented and to bargain.

The Commission found that the proposed Enterprise Agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act. The agreement was deemed to have been made in good faith, and the process followed complied with the procedural requirements of the Act. The Commission concluded that the agreement provided for appropriate terms and conditions for the employees, balancing the interests of both the employer and the employees. Consequently, the application for approval of the Enterprise Agreement was successful, and the agreement was approved by the Commission.

As a result of the Commission's decision, the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement was approved and came into effect. This outcome ensures that the terms and conditions of employment for the relevant employees are governed by the approved agreement, providing certainty and stability in the workplace.

The Western Australian Meat Marketing Co-operative Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established