DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Meat Industry Employees Union, The
(AG2016/7855)

ARARAT ABATTOIRS SLAUGHTERING SECTION AND ARARAT ABATTOIRS PTY LTD AGREEMENT 2016

Meat Industry
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2017

Application for approval of the Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australasian Meat Industry Employees Union, The. The Agreement is a single enterprise agreement.

[2] The Applicant has provided three written undertakings. A copy of these undertakings are attached in Annexure A. However, the Commission notes that the undertakings provided regarding the model consultation term are not accepted. I am satisfied that these undertakings will not cause financial detriment to any employee covered by the Agreement and that these 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 is taken to be a term of the Agreement.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 3 April 2017. The nominal expiry date of the Agreement is 9 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union filed an application in the Fair Work Commission to approve the Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd Agreement 2016. The primary dispute involved the fairness and compliance of the agreement with the relevant industrial laws. The case was heard in the Fair Work Commission, which is responsible for regulating and approving workplace agreements in Australia.

The legal issues before the Commission included whether the agreement was made in accordance with the requirements of the Fair Work Act 2009, whether the agreement was genuinely bargained, and whether the terms and conditions it proposed were fair and reasonable. The Union argued that the agreement did not adequately protect the rights and interests of the employees, while the employer contended that the agreement was a fair and reasonable reflection of the terms negotiated between the parties.

After considering the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and was genuinely bargained. The Commission also found that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the workplace. Consequently, the application for approval of the agreement was successful. The Commission certified the agreement, making it legally binding on the parties involved.

Australasian Meat Industry Employees Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established