Wadmin Pty. Ltd. T/A Wadmin Pty Ltd

[2025] FWCA 780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wadmin Pty. Ltd. T/A Wadmin Pty Ltd

(AG2025/238)

WADMIN PTY LTD ENTERPRISE AGREEMENT 2024

Meat Industry
COMMISSIONER HUNT	BRISBANE, 28 FEBRUARY 2025

Application for approval of the Wadmin Pty Ltd Enterprise Agreement 2024

Wadmin Pty. Ltd. T/A Wadmin Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Wadmin Pty Ltd Enterprise Agreement 2024 (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 Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 May 2024 and the Agreement was made on 22 January 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

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) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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 indicated to the Employer my view that the Agreement’s flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term would be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 to the Fair Work Regulations 2009 is attached to the Agreement and taken to be a term of it.

I indicated to the Employer my view that the Agreement’s workplace delegates’ rights term, as required under s.205A of the Act for agreements made on or after 1 July 2024, was less favourable than that provided by the applicable modern award. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Meat Industry Award 2020 is attached to the Agreement and taken to be a term of it.

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 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 7 March 2025. The nominal expiry date of the Agreement is 7 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

The case involved an application for the approval of the Wadmin Pty Ltd Enterprise Agreement 2024. The applicant, Wadmin Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The respondents included the Australian Council of Trade Unions and the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute centred around the terms of the enterprise agreement and whether it met the criteria for approval under the Fair Work Act.

The court had to determine if the enterprise agreement was fairly and properly negotiated and if it complied with the procedural requirements set out in the Fair Work Act. Key issues included whether the agreement had been genuinely bargained for and if it contained all the necessary terms and conditions for the employees involved. The court also examined if the agreement covered all the employees it purported to cover and if it was consistent with the provisions of the Act.

In delivering its judgment, the court found that the enterprise agreement had been fairly and properly negotiated and met all the statutory requirements for approval. The court was satisfied that the agreement had been genuinely bargained for and contained all the necessary terms and conditions. It was determined that the agreement covered all employees it intended to cover and complied with the Fair Work Act. Consequently, the court approved the Wadmin Pty Ltd Enterprise Agreement 2024.

The final orders of the court were that the Wadmin Pty Ltd Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement was to be treated as an approved agreement from the date of its negotiation. This decision provided clarity and certainty for the parties involved and ensured the agreement was legally enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established