Western Australian Meat Marketing Cooperative Ltd T/A Wammco International Summary

[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)

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.

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.

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

The case involved the Western Australian Meat Marketing Cooperative Limited, trading as Wammco International, who sought approval of a processing agreement from the Australian Meat Industry Employees Union (AMIEU). The matter was heard in the Fair Work Commission, where the Cooperative applied for the approval of the WAMMCO International (Katanning) AMIEU Processing Agreement. The Cooperative argued that the agreement was necessary for its business operations, and that it provided fair terms for both the employees and the employer. The AMIEU, on the other hand, raised concerns about the terms and conditions outlined in the proposed agreement.

The primary legal issue before the Commission was whether the proposed processing agreement met the requirements of section 233 of the Fair Work Act 2009. This section stipulates that a processing agreement must not be less favourable to employees than the relevant industrial instrument, and must be in the best interests of the employees. The Commission needed to determine whether the Cooperative had demonstrated that the proposed agreement satisfied these conditions. Additionally, the court had to consider the implications of the agreement on the employees' rights and entitlements, and whether it would lead to a detriment for the workers involved.

The Fair Work Commission found that the proposed processing agreement did meet the requirements of section 233 of the Fair Work Act. The Commission was satisfied that the Cooperative had demonstrated that the agreement was in the best interests of the employees, and that it did not result in any detriment to the workers. The terms of the agreement were considered to be fair and reasonable, providing adequate protections for the employees while also meeting the business needs of the Cooperative. The AMIEU's concerns were addressed and resolved through the negotiation process, and the Commission was satisfied that the agreement was fair and appropriate for the employees involved. As a result, the Commission approved the WAMMCO International (Katanning) AMIEU Processing Agreement.

The Commission's decision to approve the processing agreement was based on a careful consideration of the evidence and arguments presented by both parties. The court found that the Cooperative had demonstrated that the agreement met the requirements of the Fair Work Act, and that it was in the best interests of the employees. The terms of the agreement were considered to be fair and reasonable, and the Commission was satisfied that it would not result in any detriment to the workers involved. The approval of the processing agreement allows the Cooperative to continue its business operations while ensuring that the employees are protected and their rights and entitlements are maintained.

Western Australian Meat Marketing Cooperative Ltd T/A Wammco International

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established