DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Australian Meat Marketing Co-operative Limited T/A WAMMCO International
(AG2015/4931)

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

Meat Industry
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

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

[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 (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 T/A WAMMCO International. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is 21 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Western Australian Meat Marketing Co-operative Limited T/A WAMMCO International, seeking approval of the Katanning Division Maintenance Employees Enterprise Agreement. The application was brought before the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements under the Fair Work Act 2009. The dispute arose from the negotiation and proposed terms of the enterprise agreement between the employer and the employees, specifically the maintenance staff at the Katanning Division.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, including the provisions concerning the bargaining process, the content of the agreement, and whether it met the "better off overall test." This test required that employees be no worse off financially and at least as well off in terms of other conditions compared to their previous conditions of employment. The Commission had to determine whether the agreement met these statutory requirements and if it was fair and reasonable in the circumstances.

The Commission considered the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the impact on the employees. The Commission found that the agreement had been negotiated in good faith, the content of the agreement was fair and reasonable, and it met the better off overall test. The Commission concluded that the agreement was compliant with the requirements of the Fair Work Act and approved the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement. The approval ensures that the agreement will now form the basis of the employment conditions for the relevant employees.

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