Wodonga Rendering Pty Ltd

[2014] FWCA 754

[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

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AppendixA