DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Big River Pork Pty Ltd
(AG2018/539)

BIG RIVER PORK AND AMIEU MEAT PROCESSING ENTERPRISE AGREEMENT 2017

Meat Industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JUNE 2018

Application for approval of the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2017 (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 Applicant 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.

[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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australasian Meat Industry Employees Union 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 is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

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 Big River Pork and AMIEU Meat Processing Enterprise Agreement 2017. The Australian Manufacturing Workers' Union, representing employees, opposed the application. The dispute centred on the terms of the proposed agreement, particularly regarding pay rates and conditions. The Commission needed to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable pay and conditions, and whether it was appropriately certified.

The Commission considered the evidence presented by both parties and reviewed the terms of the proposed agreement. The applicants argued that the agreement provided for fair and reasonable pay and conditions, and that it had been certified by an independent certifier. The union contended that the agreement did not provide for fair and reasonable pay and conditions, and that it should not be approved. The Commission found that the agreement met the requirements of the Act, and that it provided for fair and reasonable pay and conditions. The Commission noted that the agreement provided for pay rates that were consistent with industry benchmarks, and that it included provisions for additional benefits such as paid parental leave and flexible working arrangements.

The Fair Work Commission approved the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2017. The Commission found that the agreement met the requirements of the Fair Work Act 2009, and that it provided for fair and reasonable pay and conditions. The union's concerns about the agreement were not upheld, and the application for approval was successful. The approved agreement will now govern the employment terms and conditions of employees at Big River Pork.

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