Big River Pork Pty Ltd Summary

[2025] FWCA 3228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Big River Pork Pty Ltd

(AG2025/2851)

BIG RIVER PORK AND AMIEU MEAT PROCESSING ENTERPRISE AGREEMENT 2025

Meat Industry
COMMISSIONER THORNTON	ADELAIDE, 23 SEPTEMBER 2025

Application for approval of the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that clause 34.1 concerning personal leave may not be consistent with the National Employment Standards (NES) in that it expresses the accrual of personal leave in hours when the NES provides for the entitlement to 10 days per year of personal leave. Further, I observe that clause 36 of the Agreement may be inconsistent with the NES in that it does not make clear the entitlement to public holidays declared or observed in the relevant state or territory. Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement does not contain a Delegates’ Rights Term, as required by s 205A(1) of the Act. Under s.205A(2), the Workplace Delegates’ Rights term in Clause 31A of the Meat Industry Award 2020 is taken to be a term of the Agreement.

The Australasian Meat Industry Employees Union (AMIEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMIEU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 30 September 2025. The nominal expiry date of the Agreement is 23 September 2029.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The applicant, Big River Pork Pty Ltd, sought approval for the proposed Big River Pork and AMIEU Meat Processing Enterprise Agreement 2025. The matter was heard in the Fair Work Commission. The dispute involved the applicant's request for the agreement to be approved, which would provide for the terms and conditions of employment for the employees of Big River Pork. The applicant argued that the agreement was fair and reasonable and met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue for the Commission was whether the proposed agreement was fair and reasonable and met the criteria for approval under section 233 of the Fair Work Act. The Commission had to consider whether the agreement provided for fair remuneration and conditions of employment, and whether it was appropriately negotiated. Additionally, the Commission needed to ensure that the agreement met the "better off overall test" as outlined in section 235 of the Act, which required that employees be no worse off financially under the agreement.

The Commission examined the evidence provided by both parties and assessed whether the agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair remuneration and conditions of employment, and that it was appropriately negotiated. The Commission also concluded that the agreement met the "better off overall test," as it would not result in employees being worse off financially. Based on these findings, the Commission approved the proposed Big River Pork and AMIEU Meat Processing Enterprise Agreement 2025.

The Fair Work Commission approved the proposed Big River Pork and AMIEU Meat Processing Enterprise Agreement 2025. This decision was made on the basis that the agreement met the necessary criteria for approval under the Fair Work Act, including providing for fair remuneration and conditions of employment, being appropriately negotiated, and meeting the "better off overall test."

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