DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Meat Industry Employees’ Union NSW Branch
(AG2017/97)

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION NSW BRANCH ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the Australasian Meat Industry Employees Union NSW Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australasian Meat Industry Employees Union NSW Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australasian Meat Industry Employees’ Union NSW Branch. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australasian Meat Industry Employees' Union NSW Branch lodged an application for the approval of the Australasian Meat Industry Employees Union NSW Branch Enterprise Agreement 2017. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the provisions on employee entitlements, wages, and working conditions. The Commission was tasked with determining whether the agreement met the criteria for "better off overall and in the round" for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay that met or exceeded the relevant award rates, whether it adequately addressed the needs and interests of the employees, and whether the agreement complied with the statutory obligations under the Fair Work Act. The Commission also had to consider the submissions from both the Union and the employer, examining the evidence and arguments presented regarding the agreement's fairness and compliance.

The Commission found that the proposed agreement did indeed meet the statutory requirements for approval. The agreement provided for minimum rates of pay that were commensurate with the award rates and offered additional benefits to the employees. The Commission was satisfied that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. The evidence demonstrated that the agreement was better off overall and in the round for the employees, thereby meeting the statutory criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Australasian Meat Industry Employees Union NSW Branch Enterprise Agreement 2017, confirming its compliance with the requirements of the Fair Work Act. The decision was based on the comprehensive analysis of the agreement's provisions, the submissions from both parties, and the evidence presented. The Commission's approval ensures that the agreement will provide fair and equitable terms for the employees covered by it, while also addressing the legitimate interests of the employer.

Australasian Meat Industry Employees’ Union NSW Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established