DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Australian Meat Marketing Co-operative Limited T/A WAMMCO International
(AG2019/343)

WESTERN AUSTRALIAN MEAT MARKETING CO-OPERATIVE LIMITED KATANNING DIVISION MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT (2019)

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 30 MAY 2019

Application for approval of the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement (2019).

[1] An application has been made for approval of an enterprise agreement known as the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement (2019) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Australian Meat Marketing Co-operative Limited T/A WAMMCO International. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 5 June 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Western Australian Meat Marketing Co-operative Limited trading as WAMMCO International, applied for the approval of the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement (2019). The application was brought before the Fair Work Commission. The respondent, the Meat and Food Trades Union of Western Australia, opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act, particularly focusing on the provisions regarding casual employees. The respondent contended that the agreement unfairly disadvantaged casual employees by imposing less favourable conditions than those stipulated in the applicable awards. The applicant argued that the agreement was fairly negotiated and met the requirements of the legislation.

In determining the matter, the Commission examined the provisions of the agreement and the applicable awards. It found that the agreement did not contravene the provisions of the Fair Work Act and was fairly negotiated. The Commission approved the enterprise agreement, emphasising the importance of the parties' right to negotiate and enter into an enterprise agreement that best suited their needs.

The Commission's final order was the approval of the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement (2019). The agreement was deemed to have been fairly negotiated and met the statutory requirements of the Fair Work Act.

Western Australian Meat Marketing Co-operative Limited T/A WAMMCO International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established