DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wodonga Rendering Pty Ltd T/A Wodonga Abattoir
(AG2018/2961)

WODONGA RENDERING PTY LTD ABATTOIR ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2018 (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 T/A Wodonga Abattoir. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged contained an error at Clause 22 and Clause 24. On 2 November 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 29 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Wodonga Rendering Pty Ltd, trading as Wodonga Abattoir, applied for the approval of the Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2018. The dispute arose between the company and its employees, represented by the Australian Manufacturing Workers' Union (AMWU). The matter was heard in the Fair Work Commission (FWC). The central legal issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided for minimum terms and conditions, and if it was free from any unfair content.

The FWC found that the agreement met the criteria for approval. It comprehensively covered the minimum terms and conditions required by the Fair Work Act, including provisions for minimum wages, penalty rates, leave entitlements, and other standard employment terms. Additionally, the FWC determined that the agreement did not contain any unfair content, as it was fair and reasonable in all its aspects. The FWC considered the nature of the enterprise, the bargaining positions of the parties, and the overall fairness of the terms negotiated.

Following its assessment, the FWC approved the Wodonga Rendering Pty Ltd Abattoir Enterprise Agreement 2018. The approval signifies that the agreement can now be implemented, providing a framework for the employment conditions of the workers at Wodonga Abattoir. This decision ensures that the employees will receive the minimum entitlements as stipulated by the Fair Work Act, and that the agreement serves as a fair and effective basis for industrial relations between the employer and the employees.

Wodonga Rendering Pty Ltd T/A Wodonga Abattoir

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established