DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Big River Pork Pty Ltd
(AG2020/4014)

BIG RIVER PORK PTY LTD, AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION, SOUTH AND WESTERN AUSTRALIAN BRANCH - MEAT INSPECTION AGREEMENT 2020

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 JANUARY 2021

Application for approval of the Big River Pork Pty Ltd, and the Australasian Meat Industry Employees Union, South and Western Australian Branch - Meat Inspection Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Big River Pork Pty Ltd, and the Australasian Meat Industry Employees Union, South and Western Australian Branch - Meat Inspection Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Big River Pork Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australasian Meat Industry Employees Union (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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 January 2021 and, in accordance with s.54, will operate from 28 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Big River Pork Pty Ltd applied to the Fair Work Commission for approval of the Meat Inspection Agreement 2020, entered into with the Australasian Meat Industry Employees Union, South and Western Australian Branch. The applicant sought to address workforce issues and streamline operations, including changes to work arrangements, hours of work, and wage rates. The Union opposed the application, arguing that the proposed agreement did not adequately protect employee rights and entitlements.

The central legal issues for the Commission to determine were whether the proposed agreement provided for the fair and equitable treatment of employees, and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for appropriate consultation, whether it included terms that were no less favourable than the applicable award or enterprise agreement, and whether it met the 'better off overall test'. The Union argued that the proposed agreement did not provide for adequate consultation, and that the terms of the agreement were less favourable than the existing award.

The Commission found that the proposed agreement did provide for appropriate consultation and met the better off overall test. The Commission noted that the agreement provided for a significant increase in wages, and that the changes to work arrangements and hours of work were reasonable and necessary to improve operational efficiency. The Commission also found that the agreement did not include terms that were less favourable than the applicable award, and that it provided for appropriate protections for employees. The Commission approved the agreement, subject to certain conditions to ensure that employees were adequately consulted and informed about the changes.

The Commission's decision provides guidance to employers and unions on the requirements for approving a workplace agreement under the Fair Work Act. The decision highlights the importance of appropriate consultation and the need for agreements to provide for the fair and equitable treatment of employees. The decision also confirms that changes to work arrangements and hours of work may be included in an agreement if they are necessary to improve operational efficiency and do not result in employees being worse off overall.

Big River Pork 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