Big River Pork Pty Ltd Summary

[2017] FWCA 2152

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Big River Pork Pty Ltd

(AG2017/524)

Big River Pork Pty Ltd, and the AustralASian Meat Industry Employees Union, South & Western Australian Branch – Meat Inspection Agreement 2017

Meat Industry
COMMISSIONER LEE	MELBOURNE, 19 APRIL 2017

Application for approval of the Big River Pork Pty Ltd, and the Australasian Meat Industry Employees Union, South & Western Australian Branch - Meat Inspection Agreement 2017.

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 & Western Australian Branch - Meat Inspection 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.

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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Big River Pork Pty Ltd, along with the Australasian Meat Industry Employees Union, South & Western Australian Branch, applied for the approval of the Meat Inspection Agreement 2017. The application was heard by the Fair Work Commission, which is responsible for approving such agreements under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Act. Specifically, the Commission had to determine if the agreement would provide for a fair and efficient workplace, if it was made in good faith, and if it complied with the requirements for ensuring that the agreement was not detrimental to the employees or the employer.

The Commission examined the content of the agreement and considered the submissions from both parties. The applicants argued that the agreement was fair and necessary for the efficient operation of their business. They highlighted that the agreement was the result of genuine negotiations and that it balanced the interests of both the employer and the employees. The Commission found that the agreement did indeed meet the criteria for approval. It was fair, efficient, and made in good faith. Furthermore, the agreement provided for a transparent process for resolving disputes and ensuring workplace safety, which aligned with the objectives of the Fair Work Act.

Consequently, the Commission approved the Meat Inspection Agreement 2017. The approval was based on the finding that the agreement would contribute to a fair and efficient workplace without being detrimental to either party. This decision underscored the importance of fair negotiations and the alignment of the agreement with the legislative objectives of the Act. The approval of the agreement now enables the parties to implement the terms and conditions as outlined in the agreement, facilitating a stable and productive working environment.

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