Big River Pork Pty Ltd

[2013] FWCA 6411

[2013] FWCA 6411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Big River Pork Pty Ltd
(AG2013/8027)

BIG RIVER PORK AND AMIEU MEAT PROCESSING ENTERPRISE AGREEMENT 2013

Meat Industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 2 SEPTEMBER 2013

[1] An application for approval of an enterprise agreement known as the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2013 (the Agreement) has been made by Big River Pork Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] In response to concerns raised by the Fair Work Commission (the FWC) 1 as to whether the Agreement met the requirements of s.186(2)(d) of the Act for junior employees, apprentices and schools based apprentices, the employer has provided an undertaking. There are no such employees engaged at the present time. The effect of the undertaking is to remove these categories of employee from the scope of the Agreement.

[3] The undertaking addresses the stated concern and otherwise meets the requirements of s.190 of the Act. The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement and Brenton Schultz, being an employee representative for the Agreement, have indicated their consent to the undertaking. In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement and it is now attached to the Agreement as Schedule E.

[4] 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.

[5] The AMIEU has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the AMIEU.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 9 September 2013. The nominal expiry date of the Agreement is 1 September 2017.

DEPUTY PRESIDENT

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 1   At a phone conference on 20 August 2013