DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Woolworths Limited
(AG2015/5978)

WOOLWORTHS LIMITED - TRUGANINA VICTORIA AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION AGREEMENT 2015

Meat Industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 NOVEMBER 2015

Application for approval of the Woolworths Limited - Truganina Victoria and the Australasian Meat Industry Employees' Union Agreement 20.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited - Truganina Victoria and the Australasian Meat Industry Employees' Union Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 17 November 2015. The nominal expiry date of the Agreement is 22 October 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Woolworths Limited and the Australasian Meat Industry Employees' Union, regarding the application for approval of a specific enterprise agreement. The dispute was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction to handle matters relating to workplace relations.

The primary legal issue the court had to resolve was whether the proposed agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the 'better off overall test', which ensures that employees are no worse off financially and have improved conditions compared to the previous agreement or applicable award. The court also had to consider if the agreement was made in good faith and whether the proper consultation processes were followed.

In reaching its decision, the Fair Work Commission examined the content of the agreement and the evidence provided by both parties. The court found that the agreement satisfied the better off overall test and was made in good faith. The commission also concluded that the consultation process was appropriate and that the agreement did not disadvantage any employees. Consequently, the court approved the agreement, recognising it as a valid enterprise agreement under the Fair Work Act 2009.

The Fair Work Commission ordered that the Woolworths Limited - Truganina Victoria and the Australasian Meat Industry Employees' Union Agreement 2020 be approved and registered, effective from the date of the decision. This decision ensures that the terms of the agreement are legally binding on both the employer and the employees covered by the agreement.

Woolworths Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established