Big River Pork Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

1 At a phone conference on 20 August 2013

CaseChat Overview and Summary

Big River Pork Pty Ltd sought approval for an enterprise agreement from the Fair Work Commission (FWC). The employer applied under section 185 of the Fair Work Act 2009 for the approval of a single-enterprise agreement known as the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2013. The Australian Meat Industry Employees Union (AMIEU) opposed the application, arguing that the agreement did not meet the requirements of the Act and contained provisions that were not in the best interests of the employees.

The court was required to determine whether the agreement met the criteria set out in the Act for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it contained any provisions that were contrary to the best interests of the employees. The court also had to consider whether the agreement was appropriately negotiated and whether it contained any provisions that were not in accordance with the Fair Work (Registered Organisations) Act 2009.

The FWC found that the agreement met the criteria for approval under the Act. The court held that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not contain any provisions that were contrary to the best interests of the employees. The court found that the agreement was appropriately negotiated and that it contained provisions that were in accordance with the Fair Work (Registered Organisations) Act 2009. The FWC approved the agreement and it came into effect on 1 September 2013.

The FWC approved the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2013 and it came into effect on 1 September 2013. The employer's application for approval of the agreement was successful.

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