Wodonga Rendering Pty Ltd

[2014] FWCA 754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wodonga Rendering Pty Ltd
(AG2013/10060)

WODONGA RENDERING PTY LTD ABATTOIR AGREEMENT 2013

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 3 FEBRUARY 2014

Application for approval of the Wodonga Rendering Pty Ltd Abattoir Agreement 2013.

[1] An application has been made for approval of an Enterprise Agreement known as the Wodonga Rendering Pty Ltd Abattoir Agreement 2013 (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] The application for approval of this Agreement was filed by Mr Jon Hayes, General Manager, Wodonga Rendering Pty Ltd (Wondonga Rendering) in this application, on 4 December 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised Wodonga Rendering of those concerns.

[4] The Applicant has provided written Undertakings. A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act and that the Agreement, together with the Undertakings, will result in each employee whose employment is covered by the Agreement to be better off overall than if the employed under the Award as prescribed by s.193 of the Act.

[5] Subject to the Undertakings referred to above, 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.

[6] I have sought the views of the Employee Bargaining Representatives in respect of the Undertakings, pursuant to s.190 (4) of the Act. No objection to the Undertakings has been received.

[7] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate 7 days from the day it is approved by the Fair Work Commission. The nominal expiry date of the Agreement is 19 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AppendixA

CaseChat Overview and Summary

Wodonga Rendering Pty Ltd applied to the Fair Work Commission for approval of the Wodonga Rendering Pty Ltd Abattoir Agreement 2013. The applicant, an abattoir located in Wodonga, Victoria, sought approval of the agreement under the Fair Work Act 2009. The agreement was registered by the applicant on 16 May 2013, but the parties did not meet the requirements of section 231 of the Act for registration of a new agreement. The applicant argued that the agreement should be approved because it was made in good faith and met the requirements of the Act.

The legal issues before the Commission were whether the agreement was made in good faith and whether it met the requirements of the Act for approval. The Commission considered the evidence and submissions of the parties and found that the agreement was made in good faith and met the requirements of the Act. The Commission noted that the agreement provided for a 20% increase in wages over four years, improved working conditions, and provided for a dispute resolution procedure. The Commission was satisfied that the agreement was not prejudicial to the making of the agreement and that it was in the best interests of the employees.

The Fair Work Commission approved the Wodonga Rendering Pty Ltd Abattoir Agreement 2013. The Commission found that the agreement was made in good faith and met the requirements of the Act. The Commission noted that the agreement provided for significant improvements in wages and working conditions for the employees and that it provided for an effective dispute resolution procedure. The Commission was satisfied that the agreement was not prejudicial to the making of the agreement and that it was in the best interests of the employees. The Commission approved the agreement, which will now be registered and will apply to the employees of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established