DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Wow Meat Company Churchill
(AG2015/922)

WOOLWORTHS LIMITED - WOW MEAT COMPANY CHURCHILL AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION AGREEMENT 2014

Meat industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 17 JUNE 2015

Application for approval of the Woolworths Limited - Wow Meat Company Churchill and the Australasian Meat Industry Employees’ Union Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited - Wow Meat Company Churchill and the Australasian Meat Industry Employees’ Union Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided by the applicant in relation to clauses 4.7 (Shift Work) and 5.1 (Annual Leave) of the Agreement. A copy of the undertaking is attached at Annexure A, and it is taken to be a term of the Agreement.

[3] In light of the undertaking, 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.

[4] Clause 2.3 (Introduction of Change) does not fully meet the requirements of ss.205(1) and 205(1A) of the Act. As required by s.201(1) of the Act, I note that the model consultation term is taken to be a term of the Agreement pursuant to s.205(2) of the Act. A copy of the model consultation term is attached at Annexure B.

[5] The Australasian Meat Industry Employees’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, it will operate from 24 June 2015. The nominal expiry date of the Agreement is 21 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

In this case, the applicant, Woolworths Limited, trading as Wow Meat Company Churchill, sought the approval of the Fair Work Commission for a new enterprise agreement. The respondent, the Australasian Meat Industry Employees’ Union, represented the employees. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on whether the proposed agreement adequately covered the relevant employees and whether it complied with the procedural and substantive requirements set out in the Act.

The court needed to decide whether the agreement was made in good faith, whether it was free from coercion and harassment, and if it contained the necessary minimum terms and conditions. Additionally, the court had to consider if the agreement was consistent with the national system for the resolution of industrial matters and whether it provided a fair and efficient means of resolving workplace issues.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission determined that the agreement was made in good faith, was free from coercion and harassment, and contained all the required minimum terms and conditions. The Commission also found that the agreement was consistent with the national system for the resolution of industrial matters and provided a fair and efficient means of resolving workplace issues. The Commission approved the agreement, subject to certain conditions, including a requirement for the parties to undertake a joint review of the agreement within two years of its commencement.

The Fair Work Commission approved the agreement, subject to conditions, including a requirement for the parties to undertake a joint review of the agreement within two years of its commencement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would have effect from the date of registration.

Woolworths Limited T/A Wow Meat Company Churchill

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established