DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Lamb Colac Labour Hire Pty Ltd
(AG2015/4028)

AUSTRALIAN LAMB COLAC LABOUR HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Meat Industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 JULY 2015

Application for approval of the Australian Lamb Colac Labour Hire Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Lamb Colac Labour Hire Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Australasian Meat Industry Employees Union (AMIEU), being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 5 August 2015. The nominal expiry date of the Agreement is 3 years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australian Lamb Colac Labour Hire Pty Ltd sought approval of an Enterprise Agreement from the Fair Work Commission. The agreement was proposed to cover employees who are involved in the production of lamb meat, a highly seasonal industry. The company argued that the agreement was necessary to address the fluctuations in demand and to ensure the efficient operation of the business.

The legal issues before the Commission centred on whether the proposed Enterprise Agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the process for the approval of such agreements. The company needed to demonstrate that the agreement would not have an adverse effect on employees' overall terms and conditions of employment.

The Fair Work Commission examined the submissions from both the employer and the employees. It assessed whether the proposed terms and conditions were fair and reasonable, taking into account the nature of the industry and the need for flexibility in workforce management. The Commission concluded that the agreement did not disadvantage employees and provided for fair and reasonable terms. The Commission was satisfied that the agreement complied with the statutory requirements and approved the Enterprise Agreement.

The Fair Work Commission's decision was that the Australian Lamb Colac Labour Hire Pty Ltd Enterprise Agreement 2015 met the necessary criteria for approval. The agreement was therefore registered, and the employees of Australian Lamb Colac Labour Hire Pty Ltd were now covered by its terms. This decision allowed the company to proceed with the implementation of the agreed terms, subject to any further disputes being resolved through the Fair Work Commission or other appropriate industrial mechanisms.

Australian Lamb Colac Labour Hire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established