Big River Pork Pty Ltd Summary

[2021] FWCA 6771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Big River Pork Pty Ltd
(AG2021/8240)

BIG RIVER PORK AND AMIEU MEAT PROCESSING ENTERPRISE AGREEMENT 2021

Meat Industry
COMMISSIONER PLATT	ADELAIDE, 19 NOVEMBER 2021

Application for approval of the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Big River Pork Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 November 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 19 November 2021. The undertaking deals with the following topics:

• Clause 39.2 of the Agreement has been amended to ensure employees who are terminated for abandoning their employment will receive the relevant notice period as per s.117 of the Act.

• The rates of pay for daily hire employees classified as level BR1 have been amended to ensure that the Agreement passes the better off overall test (BOOT).

• Hours worked outside of ordinary hours will be paid at the applicable overtime rate.

• During the seasonal work cycle, as outlined in clause 28.1.11 of the Agreement, an employee classified as level BR1 shall be paid at level BR2 for the duration of the seasonal work cycle.

[4] The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement, expressed that the undertakings provided formed a consent position between it and the Applicant. There are no other employee bargaining representatives for the Agreement.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] The AMIEU, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, despite clause 2.1.1 of the Agreement, and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 26 November 2025.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2021. The applicant, Big River Pork, sought approval of the agreement which outlines terms and conditions of employment for employees at its meat processing facility in South Australia. The Australian Meat Industry Employees Union (AMIEU) opposed the application, raising concerns about the fairness and effectiveness of the agreement. The central issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, including the provision of genuine bargaining, procedural fairness, and its alignment with the Fair Work (Registered Organisations) Act 2009. The Commission examined the evidence presented by both parties, including the negotiation process and the terms of the agreement.

The Fair Work Commission found that the agreement was the product of genuine bargaining, with both parties engaging in a fair and reasonable negotiation process. The Commission was satisfied that the AMIEU had represented the employees effectively and that the terms of the agreement reflected the interests of the employees. The Commission also considered the procedural fairness of the negotiation process and found that there were no significant procedural flaws that would undermine the validity of the agreement. Furthermore, the Commission examined the terms of the agreement to ensure they aligned with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission was satisfied that the agreement met the necessary legal standards.

The Fair Work Commission approved the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2021, finding that it complied with all relevant statutory requirements. The Commission noted the importance of ensuring fair and effective enterprise agreements that reflect the interests of both employers and employees. The approval of the agreement will provide certainty and stability for employees and employers at the Big River Pork facility. The Commission's decision provides a clear framework for the negotiation and approval of enterprise agreements in the meat processing industry.

Big River Pork Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established