DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ararat Abattoirs Pty Ltd
(AG2019/2617)

ARARAT ABATTOIRS SLAUGHTERING SECTION AND ARARAT ABATTOIRS PTY LTD AGREEMENT 2019

Meat Industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd Agreement 2019.

[1] Ararat Abattoirs Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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] I observe that clauses 2.2.6, 5.2.1, 5.2.2, and 5.6.3 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 September 2019 and, in accordance with s 54, will operate from 20 September 2019. The nominal expiry date of the Agreement is 9 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Ararat Abattoirs Pty Ltd involved an application for the approval of the Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd Agreement 2019. The application was made by the Fair Work Commission (FWC) to the Federal Circuit and Family Court of Australia (FCFCOA). The primary concern was whether the agreement would provide adequate protections for the employees of the abattoir.

The legal issues before the court were centered on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). Specifically, the court had to determine if the agreement met the standards of procedural fairness, provided appropriate protections for employees, and aligned with the objectives of the Fair Work Act. The key point of contention was whether the agreement sufficiently safeguarded employees' entitlements and conditions.

The court examined the provisions of the agreement and the processes that led to its creation. It found that the agreement was made in good faith and was fair and reasonable in the circumstances. The court noted that the agreement provided comprehensive protections for employees, including minimum rates of pay, penalty rates, and provisions for leave and overtime. It also considered that the agreement was consistent with the broader objectives of the Fair Work Act, which include promoting harmonious, productive, and cooperative workplace relations. The court concluded that the agreement met the necessary standards for approval.

As a result, the court granted the application for approval of the agreement. The decision affirmed the importance of ensuring that workplace agreements provide adequate protections for employees while also promoting fair and cooperative workplace relations. This case underscores the role of the court in overseeing the approval of workplace agreements to ensure they comply with the requirements of the Fair Work Act.

Ararat Abattoirs Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established