World Workers Training Centre Pty Ltd Summary

[2022] FWCA 2805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

World Workers Training Centre Pty Ltd

(AG2022/3180)

World Workers Training Centre (Tamworth) Enterprise Agreement 2022

Meat Industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 AUGUST 2022

Application for approval of the World Workers Training Centre (Tamworth) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the World Workers Training Centre (Tamworth) Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 August 2022. The nominal expiry date of the Agreement is 5 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the World Workers Training Centre (Tamworth) Enterprise Agreement 2022, which was brought before the Fair Work Commission. The parties to the agreement were the World Workers Training Centre Pty Ltd and the United Voice union. The dispute centred around the terms and conditions of employment, including wages, working hours, and other workplace entitlements as outlined in the proposed agreement.

The central legal issues the court had to decide were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to meet the "better off overall test" and ensuring that it did not undermine the existing industrial safety and conditions. Additionally, the court had to determine whether the agreement provided for adequate representation and consultation processes in line with statutory requirements.

The Fair Work Commission reviewed the proposed agreement and considered the evidence provided by both parties. The court found that the agreement did meet the "better off overall test" as it provided for a fair and reasonable balance of benefits and detriments for the employees. The Commission also found that the agreement did not undermine existing industrial safety and conditions and provided for appropriate representation and consultation processes. Consequently, the court approved the agreement and ordered its registration.

The final orders of the court included the approval and registration of the World Workers Training Centre (Tamworth) Enterprise Agreement 2022, which would now govern the employment conditions for the employees of the World Workers Training Centre Pty Ltd in Tamworth.

World Workers Training Centre Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established