Western Australian Meat Marketing Cooperative Limited T/A Wammco International

[2023] FWCA 1087

[2023] FWCA 1087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Australian Meat Marketing Cooperative Limited T/A Wammco International

(AG2023/318)

WESTERN AUSTRALIAN MEAT MARKETING CO-OPERATIVE LIMITED KATANNING DIVISION MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT (2023)

Meat Industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 18 APRIL 2023

Application for approval of the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement (2023)

1. Western Australian Meat Marketing Cooperative Limited has applied for approval of an enterprise agreement known as the Western Australian Meat Marketing Co-operative Limited Katanning Division Maintenance Employees Enterprise Agreement (2023) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees states that the Agreement covers ‘employees engaged in the relevant classifications of the specified Agreement’. As a copy of the Agreement was provided to employees after the NERR was issued, employees may not have known whether they were covered. However, noting that the classifications in the previous agreement are the same as the Agreement, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error regarding the NERR, and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. 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.

1. 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.

2. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 21.1 – Annual Leave;

·   Clause 22 – Compassionate Leave;

·   Clause 24.1 – Personal/Carer’s Leave; and

·   Clause 30.6 – Public Holidays.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2023. The nominal expiry date of the Agreement is 18 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519746  PR761095>

Annexure A