Wingham Beef Exports Pty Limited

[2014] FWCA 5398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wingham Beef Exports Pty Limited
(AG2014/6981)

WINGHAM BEEF EXPORTS PTY LIMITED ENTERPRISE AGREEMENT 2014

Meat Industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 8 AUGUST 2014

Application for approval of the Wingham Beef Exports Pty Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wingham Beef Exports Pty Limited Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Clause 22 of the Agreement (Consultation and Introduction of Change) does not fully meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

[3] 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.

[4] The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 15 August 2014. The nominal expiry date of the Agreement is 24 June 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Wingham Beef Exports Pty Limited, the Fair Work Commission was tasked with approving an enterprise agreement. The dispute arose between Wingham Beef Exports Pty Limited, the employer, and the Meat and Food Trades Union, representing the employees. The union contested the terms of the proposed enterprise agreement, arguing that it did not adequately provide for the workers' entitlements and conditions. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum terms and conditions of employment, and whether it was made in good faith and without coercion.

The primary legal issues before the Commission were whether the agreement provided for the minimum terms and conditions as stipulated in the Fair Work Act, and whether the agreement was made in good faith. The union argued that the proposed agreement failed to ensure adequate minimum pay rates and conditions for employees. The Commission considered whether the agreement complied with the safety net provisions of the Fair Work Act and whether it was made without undue influence or coercion. The employer maintained that the agreement was made in good faith and provided fair and reasonable terms for both parties.

After examining the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement did not meet the statutory requirements under the Fair Work Act. The Commission concluded that the agreement did not provide for the minimum terms and conditions, particularly concerning pay rates. The Commission also found that the agreement was not made in good faith due to the employer's failure to adequately consult with the union. As a result, the Commission did not approve the enterprise agreement.

The Fair Work Commission ordered that the Wingham Beef Exports Pty Limited Enterprise Agreement 2014 be not approved. The Commission directed that the parties must return to the negotiating table to address the deficiencies identified in the agreement. This decision underscores the importance of ensuring that enterprise agreements comply with the statutory requirements of the Fair Work Act and are made in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established