Australasian Meat Industry Employees Union, The

[2014] FWCA 8875

[2014] FWCA 8875

FAIR WORK COMMISSION

DECISION

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

Australasian Meat Industry Employees Union, The
(AG2014/9609)

RIVERSIDE MEATS SALES PTY LTD ENTERPRISE AGREEMENT 2014

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 8 DECEMBER 2014

Application for approval of the Riverside Meats Sales Pty Ltd Enterprise Agreement 2014.

[1] An application has been made under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Riverside Meats Sales Pty Ltd Enterprise Agreement 2014 (the Agreement). The application has been made by the Australasian Meat Industry Employees Union (the AMIEU). The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Barrie Chalkey of the AMIEU on 22 October 2014.

[3] The employer, Riverside Meats Sales Pty Ltd, failed to provide a satisfactorily completed Form F17 — Employer’s statutory declaration in support of an application for approval of an enterprise agreement. I directed the AMIEU to file material that would satisfy me that the various procedural steps required for the agreement to be properly made were carried out. The statutory declaration filed by the AMIEU satisfies me of those requirements.

[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 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.

[6] 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.

[7] 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 27 November 2016.

COMMISSIONER

Attachment A:

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