DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Meat Industry Employees Union, The
(AG2015/3906)

RADFORD & SON PTY LTD PTY LTD AND AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION ENTERPRISE AGREEMENT 2015

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Radford & Son Pty Ltd and Australasian Meat Industry Employees’ Union Enterprise Agreement 2015.

[1] On 10 July 2015, the Australasian Meat Industry Employees’ Union (AMIEU) made an application for approval of the Radford & Son Pty Ltd and Australasian Meat Industry Employees’ Union Enterprise Agreement 2015 (Agreement). The employer is Radford & Son Pty Ltd (Employer). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the AMIEU has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The AMIEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 9 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

The case involved the Australasian Meat Industry Employees Union and Radford & Son Pty Ltd, which was before the Fair Work Commission. The matter pertained to an application for the approval of the Radford & Son Pty Ltd and Australasian Meat Industry Employees’ Union Enterprise Agreement 2015. The union sought to have the agreement approved by the Commission, arguing it was in the best interests of the employees and the business.

The legal issues before the court included whether the agreement provided for the proper operation of the business, the protection of employees' rights, and whether the agreement was fairly negotiated. The union argued that the agreement was fair and beneficial to both parties, while Radford & Son Pty Ltd contended that certain provisions were not in the best interest of the business and would impose undue burdens.

The Fair Work Commission considered the arguments presented by both parties and examined the terms of the agreement. The Commission found that the agreement was fairly negotiated and provided for the proper operation of the business. The court also noted that the agreement included provisions for the protection of employees' rights and interests. As a result, the Commission approved the agreement, finding that it was in the best interests of the employees and the business.

The final orders included the approval of the Radford & Son Pty Ltd and Australasian Meat Industry Employees’ Union Enterprise Agreement 2015. The agreement was deemed to be a lawful and valid enterprise agreement, providing for the fair and equitable treatment of employees and the proper operation of the business.

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