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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Australasian Meat Industry Employees Union v Riverside Meats Sales Pty Ltd, the Full Bench of the Fair Work Commission was tasked with considering an application for the approval of the Enterprise Agreement between the parties, dated 2014. The Applicant, the Australasian Meat Industry Employees Union, sought approval of the agreement which had been entered into by the Respondent, Riverside Meats Sales Pty Ltd, and the union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to its compliance with the ‘better off overall test’ and other statutory criteria for enterprise agreements.

The primary legal issues before the Full Bench were whether the agreement was a ‘single interest’ employer agreement and if it satisfied the ‘better off overall test’. Additionally, the court needed to assess whether the agreement complied with the good faith bargaining requirement and if it met the statutory criteria outlined in the Fair Work Act. The union argued that the agreement did not meet the better off overall test and was not a genuine product of good faith bargaining. Conversely, Riverside Meats Sales Pty Ltd contended that the agreement was fairly negotiated and did indeed satisfy the statutory requirements.

The Full Bench found that the agreement was a genuine product of good faith bargaining, and thus constituted a ‘single interest’ employer agreement. The court held that the agreement met the better off overall test, and satisfied all other statutory requirements under the Fair Work Act. The decision was based on the comprehensive evidence presented by Riverside Meats Sales Pty Ltd, which demonstrated that the agreement was fair and reasonable for the employees. The union's objections were dismissed, and the agreement was approved by the Commission.

The Full Bench ordered the approval of the Enterprise Agreement between the Australasian Meat Industry Employees Union and Riverside Meats Sales Pty Ltd, dated 2014. The agreement was to be registered by the Commission and would come into effect on the date of registration, thereby resolving the dispute between the parties.

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