Western Australian Meat Marketing Cooperative Ltd T/A Wammco International

[2022] FWCA 3985

[2022] FWCA 3985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Australian Meat Marketing Cooperative Ltd T/A Wammco International

(AG2022/4058)

WAMMCO International (Katanning) AMIEU Processing Agreement (2022)

Meat Industry
COMMISSIONER SCHNEIDER	PERTH, 14 NOVEMBER 2022

Application for approval of the WAMMCO International (Katanning) AMIEU Processing Agreement (2022)

1. Western Australian Meat Marketing Cooperative Ltd T/A Wammco International (the Applicant) has made an application for the approval of an enterprise agreement known as the WAMMCO International (Katanning) AMIEU Processing Agreement (2022) (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. Upon review of the material contained in the application and accompanying declarations, I raised preliminary issues with the parties. After receiving a response and draft undertakings from the Applicant, I convened a conference of the matter. Following the conference and discussions with the parties, I was satisfied that there were no outstanding concerns regarding the preliminary issues raised.

1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

1. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Australasian Meat Industry Employees Union, (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 14 November 2026.

COMMISSIONER

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