Bindaree Beef Pty Ltd

[2019] FWCA 7935

[2019] FWCA 7935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bindaree Beef Pty Ltd
(AG2019/690)

BINDAREE BEEF & AMIEU ENTERPRISE AGREEMENT 2019 - 2022

Meat Industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 22 NOVEMBER 2019

Application for approval of the Bindaree Beef & AMIEU Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement to be known as the Bindaree Beef & AMIEU Enterprise Agreement 2019-2022 (Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the employer, Bindaree Beef Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided undertakings dated 20 November 2019, which are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant modern award) and that the undertakings will not result in any substantial change to the Agreement.

[3] I note that the Commission sought the views of relevant bargaining representatives on the Applicant’s proposed undertakings, who made no objection to same.

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

[5] I am also satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Meat Industry Employees Union has given 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 that the Agreement covers the organisation.

[7] The Agreement is hereby approved and, in accordance with s.54 of the Act, will operate from 29 November 2019. The nominal term of the Agreement will expire on 29 November 2022.

DEPUTY PRESIDENT

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<AE506178  PR714477>

Annexure A