Ararat Abattoirs Pty Ltd

[2015] FWCA 1514

[2015] FWCA 1514

FAIR WORK COMMISSION

DECISION

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

Ararat Abattoirs Pty Ltd
(AG2015/1966)

ARARAT ABATTOIRS SLAUGHTERING SECTION AND ARARAT ABATTOIRS PTY LTD

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 5 MARCH 2015

Application for approval of an enterprise agreement titled: "Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd".

[1] An application has been made under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement entitled Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd (the Agreement). The application has been made by Ararat Abattoirs Pty Ltd (Ararat Abattoirs). The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Barry Arnott of Ararat Abattoirs on 20 February 2015.

[3] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Wednesday, 4 March 2015. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[4] The Agreement does not appear to contain a consultation term that meets the requirements of ss 205(1) and (1A) of the Act and r 2.09 and Schedule 2.3 of the Fair Work Regulations 2009. Accordingly, pursuant to s 205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

[5] The Australasian Meat Industry Employees Union (AMIEU) raised a concern that cl 2.1.3 of the Agreement contained a casual loading rate of 20% as compared to the casual loading rate of 25% specified in cl 15.9 of the Meat Industry Award 2010 (the Award). I am satisfied that the Agreement passes the better off overall test as the overall rate of pay for a casual employee under the Agreement is higher than the overall rate of pay for a casual employee under the Award.

[6] I also had a concern that the Agreement may not pass the better off overall test in relation to night shift employees. Ararat Abattoirs has informed the Commission that the employees covered by this Agreement do not work night shift.
[7] The AMIEU has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), I note that the Agreement covers this organisation.

[8] 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.

[9] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 2 March 2016.

COMMISSIONER

Attachment A:

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