DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bindaree Beef Pty Ltd
(AG2019/3780)

BINDAREE BEEF GROUP INVERELL MAINTENANCE ENTERPRISE AGREEMENT 2019-2023

Meat Industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 DECEMBER 2019

Application for approval of the Bindaree Beef Group Inverell Maintenance Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Bindaree Beef Group Inverell Maintenance Enterprise Agreement 2019-2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 December 2019. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in the Fair Work Commission involved an application by Bindaree Beef Pty Ltd for approval of the Bindaree Beef Group Inverell Maintenance Enterprise Agreement 2019-2023. The applicants sought the agreement's approval to ensure the continued operation of their maintenance services under the terms specified. The legal issues centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring the agreement was not contrary to public policy and was made in good faith.

The Commission examined the agreement's provisions to determine if they were consistent with the principles of good faith bargaining and fairness. It assessed whether the agreement appropriately balanced the rights and obligations of both parties, and whether it complied with relevant workplace laws and standards. The Commission also considered the procedural fairness of how the agreement was negotiated and concluded. Upon review, the Commission found that the agreement was not contrary to public policy and was made in good faith. The provisions were deemed fair and balanced, aligning with the objectives of the Fair Work Act.

Consequently, the Fair Work Commission approved the Bindaree Beef Group Inverell Maintenance Enterprise Agreement 2019-2023. The decision emphasised the importance of maintaining a fair and effective workplace agreement that adhered to the legal standards and protected the interests of both employers and employees. The approval allowed the agreement to take effect, ensuring the continuity of services under its terms.

Bindaree Beef Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established