DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wingham Beef Exports Pty Ltd
(AG2021/123)

WINGHAM BEEF EXPORTS MAINTENANCE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 18 FEBRUARY 2021

Application for approval of the Wingham Beef Exports Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wingham Beef Exports Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wingham Beef Exports Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 38.8 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 25 February 2021. The nominal expiry date of the Agreement is 12 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wingham Beef Exports Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose from the terms of the proposed agreement, which the applicant aimed to implement for its employees. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction over employment-related disputes in Australia.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for approval under the legislation. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for minimum terms and conditions of employment, and if it adhered to the provisions set out in the Act. Additionally, the Commission considered whether the agreement adequately protected the rights of employees and complied with any relevant awards or instruments.

The Commission examined the proposed agreement's provisions, including wages, hours of work, and other employment conditions. It considered submissions from both the applicant and other stakeholders, such as employee representatives. After thorough analysis, the Commission found that the agreement was made in good faith and provided for the minimum terms and conditions of employment as required by the Act. The Commission also concluded that the agreement did not unfairly disadvantage any party and adequately protected the rights of employees. Consequently, the Commission approved the Maintenance Enterprise Agreement 2021.

The Fair Work Commission approved the Wingham Beef Exports Maintenance Enterprise Agreement 2021, confirming its compliance with the Fair Work Act 2009. The agreement now serves as the basis for the terms and conditions of employment for the relevant employees.

Wingham Beef Exports Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established