Wangaratta Abattoirs Pty Ltd T/A Wangaratta Abattoirs Summary

[2022] FWCA 2139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wangaratta Abattoirs Pty Ltd T/A Wangaratta Abattoirs

(AG2022/1780)

Wangaratta Abattoirs Pty.Ltd. and the Australasian Meat Industry Employees' Union Collective Agreement 2021

Meat Industry
COMMISSIONER WILSON	MELBOURNE, 28 JUNE 2022

Application for approval of the Wangaratta Abattoirs Pty.Ltd. and the Australasian Meat Industry Employees' Union Collective Agreement 2021

An application has been made for approval of an enterprise agreement known as the Wangaratta Abattoirs Pty.Ltd. and the Australasian Meat Industry Employees’ Union Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wangaratta Abattoirs Pty Ltd T/A Wangaratta Abattoirs. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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 Australasian Meat Industry Employees Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2022. The nominal expiry date of the Agreement is 1 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Wangaratta Abattoirs Pty Ltd T/A Wangaratta Abattoirs involved an application for the approval of the 2021 Collective Agreement between the company and the Australasian Meat Industry Employees' Union. The company, a meat processing business, sought to have the agreement, which governed employment terms for its workers, officially endorsed by the Commission. The union, representing the workers, supported the application, asserting that the agreement was fair and in line with industrial standards.

The central legal issues the Commission had to address included whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, such as compliance with minimum entitlements and the avoidance of terms that could undermine industrial harmony. Additionally, the Commission needed to ensure that the agreement was made without coercion and that it included adequate mechanisms for dispute resolution.

The Commission carefully reviewed the contents of the agreement, considering various submissions from both parties. It found that the agreement provided fair and reasonable terms that met the legislative requirements. The Commission highlighted that the agreement included provisions for minimum wages, reasonable working hours, and a framework for resolving disputes, which were in line with statutory standards. After thorough consideration, the Commission approved the 2021 Collective Agreement, affirming its compliance with the relevant legislation and its suitability for endorsement.

Wangaratta Abattoirs Pty Ltd T/A Wangaratta Abattoirs

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established