Wodonga Rendering Pty Ltd

[2023] FWCA 527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wodonga Rendering Pty Ltd

(AG2023/257)

Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2023

Meat Industry
COMMISSIONER JOHNS	MELBOURNE, 20 FEBRUARY 2023

Application for approval of the Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wodonga Rendering Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2023. The nominal expiry date of the Agreement is 19 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter involved an application for the approval of a new enterprise agreement for workers at the Wodonga Rendering Pty Ltd Abattoir. The application was made under the Fair Work Act 2009, and the hearing was held in the Fair Work Commission. The applicant, Wodonga Rendering Pty Ltd, sought approval for the Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2023, which proposed a number of changes to the terms and conditions of employment for its employees. The dispute arose from negotiations between the employer and the union representing the workers, which had ultimately failed to result in a mutually agreed-upon enterprise agreement.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the "better off overall test" (BOOT). The Commission had to consider whether the agreement would provide employees with at least the same terms and conditions of employment as they had under the previous agreement or at common law, and whether there were other benefits that would make employees, on balance, better off overall. The Commission also had to ensure that the agreement was made in good faith and did not discriminate against employees.

The Fair Work Commission determined that the proposed agreement did indeed meet the requirements of the Fair Work Act. The Commission found that the agreement provided employees with terms and conditions that were at least as good as those they had under the previous agreement or at common law. Furthermore, the Commission found that the agreement contained other benefits that made employees better off overall, including improved shift penalty rates and provisions for additional leave. The Commission also found that the agreement was made in good faith and did not discriminate against employees. As a result, the Commission approved the Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2023.

The Fair Work Commission approved the Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2023, effective from the date of the Commission's decision. The approval of the agreement ensures that employees will receive the improved terms and conditions of employment as outlined in the agreement. This decision provides certainty for both the employer and employees moving forward and establishes the terms and conditions of employment for the coming period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established