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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ararat Abattoirs Pty Ltd was the subject of an application to the Fair Work Commission for approval of an enterprise agreement titled "Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd." The applicant was the employer, and the respondent was the union representing the employees. The union argued that certain provisions of the proposed agreement were not in compliance with the Fair Work Act 2009. Specifically, the union contended that the proposed agreement contained terms that did not meet the requirements for "better off overall" and "no detriment" provisions. The union further argued that some of the terms in the proposed agreement did not align with the objectives of the Fair Work Act.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This involved determining whether the agreement's terms met the "better off overall" test, ensuring employees were not worse off financially or in terms of conditions compared to their previous agreement or the applicable award. The Commission also had to consider whether the agreement contained provisions that would result in a detriment to employees, contrary to the Act. Additionally, the Commission examined if the agreement's terms aligned with the broader objectives of the Fair Work Act, including promoting high levels of employment, economic prosperity, and social inclusion.

In addressing these issues, the Commission carefully reviewed the evidence and submissions from both parties. The Commission found that while the proposed agreement contained terms that were generally favourable to the employees, certain provisions did not meet the "better off overall" test. The Commission also identified that some terms of the agreement could potentially result in a detriment to employees. After considering the submissions and making necessary adjustments to the agreement, the Commission determined that the amended agreement met the statutory requirements. The Commission approved the enterprise agreement with certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the enterprise agreement with modifications. The approved agreement now meets the statutory requirements under the Fair Work Act, ensuring that employees are not worse off financially or in terms of conditions, and that the agreement aligns with the objectives of the Act.

Ararat Abattoirs Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established