Bindaree Beef Pty Ltd

[2023] FWCA 963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bindaree Beef Pty Ltd

(AG2023/247)

BINDAREE BEEF INVERELL PROCESSING ENTERPRISE AGREEMENT 2022 - 2026

Meat Industry
COMMISSIONER P RYAN	SYDNEY, 31 MARCH 2023

Application for approval of the Bindaree Beef Inverell Processing Enterprise Agreement 2022 – 2026

Bindaree Beef Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Bindaree Beef Inverell Processing Enterprise Agreement 2022 – 2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining representatives

The Australasian Meat Industry Employees Union (AMIEU) and the Australian Workers’ Union (AWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMIEU and the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 7 April 2023. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bindaree Beef Pty Ltd applied to the Fair Work Commission for approval of the Bindaree Beef Inverell Processing Enterprise Agreement 2022 – 2026. The agreement was entered into between the company and the Retail and Fast Food Workers Union, which represents the employees at the Inverell processing plant. The company sought approval under section 234 of the Fair Work Act 2009, as it wanted the agreement to be registered as a single-employer agreement. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether the union had genuinely negotiated the agreement with the company.

The Commission found that the agreement was not a genuine bargain, as the union had not genuinely negotiated it with the company. The union had provided a template agreement to the company and had not engaged in meaningful negotiations. The Commission also found that the agreement did not meet the requirements of the Fair Work Act, as it did not contain certain minimum entitlements and did not provide for the protection of employee rights. The Commission refused to approve the agreement, as it did not meet the requirements of the Fair Work Act.

The Commission noted that the union had not provided any evidence of genuine negotiations with the company and had instead provided a template agreement. The Commission found that the agreement did not contain certain minimum entitlements, such as the national minimum wage and penalty rates, and did not provide for the protection of employee rights. The Commission concluded that the agreement was not a genuine bargain and did not meet the requirements of the Fair Work Act. The Commission refused to approve the agreement and ordered that it be returned to the parties for further negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established