West Coast Eggs Pty Ltd

[2013] FWCA 7412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Coast Eggs Pty Ltd
(AG2013/7895)

THE GOLDEN EGG FARMS AND FOOD PRESERVERS UNION AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 SEPTEMBER 2013

Application for approval of the Golden Egg Farms and Food Preservers Union Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Golden Egg Farms and Food Preservers Union Agreement 2013 (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.

[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 Food Preservers’ Union of Western Australia, Union of Workers, 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) of the Act I note that the Agreement covers the organisation.

[4] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[5] I had some concerns regarding the clauses in the Agreement in relation to the rates of pay for junior employees. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

West Coast Eggs Pty Ltd, an egg production company, sought approval from the Fair Work Commission for the Golden Egg Farms and Food Preservers Union Agreement 2013. The union, representing the employees of the company, filed the application. The central dispute in the case was whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The legal issues at hand were whether the agreement provided for fair and reasonable terms and conditions for employees, and if it complied with the requirements for a certified agreement under the Act.

The Fair Work Commission examined the agreement to determine if it provided for fair and reasonable terms and conditions for employees, including wages, hours of work, and other conditions of employment. The commission also evaluated whether the agreement met the requirements for a certified agreement under the Act, such as if it was made by an eligible union and if it was in writing. The commission found that the agreement provided for fair and reasonable terms and conditions for employees and met the requirements for a certified agreement under the Act.

The Fair Work Commission approved the Golden Egg Farms and Food Preservers Union Agreement 2013, finding that it provided for fair and reasonable terms and conditions for employees and met the requirements for a certified agreement under the Fair Work Act 2009. The union's application was successful, and the agreement was approved. The court found that the agreement provided for fair and reasonable terms and conditions for employees, including wages, hours of work, and other conditions of employment. The commission also found that the agreement was made by an eligible union and was in writing, meeting the requirements for a certified agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established