Wangaratta Abattoirs Pty Ltd

The applicant, Wangaratta Abattoirs Pty Ltd, sought approval of the Wangaratta Abattoirs Pty.Ltd. and the Australasian Meat Industry Employees’ Union Collective Agreement 2018. The dispute involved the interpretation of clause 31 of the collective agreement, specifically its application to "loadout" award employees for the purposes of the better off overall test. The case was heard in the Fair Work Commission.

The central legal issue was whether clause 31 of the collective agreement could be applied to "loadout" award employees to satisfy the better off overall test. The Fair Work Commission had to determine if the clause, which provides for certain conditions and benefits, could be applied in a way that met the requirements of the test. This included assessing whether the clause offered improved conditions for the employees compared to the relevant award.

The Fair Work Commission found that clause 31 could indeed be applied to "loadout" award employees for the purposes of the better off overall test. The Commission reasoned that the clause, when applied, offered conditions and benefits that were superior to those provided by the relevant award. The improved conditions included provisions for pay rates, leave entitlements, and other benefits, which collectively resulted in the employees being better off overall. The Fair Work Commission approved the collective agreement, subject to the specific application of clause 31 to "loadout" award employees.

The Fair Work Commission made an order approving the Wangaratta Abattoirs Pty.Ltd. and the Australasian Meat Industry Employees’ Union Collective Agreement 2018, with the condition that clause 31 be applied to "loadout" award employees for the purposes of the better off overall test. This decision ensures that the employees covered by the agreement will receive the improved conditions stipulated in the collective agreement.