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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Bindaree Beef Pty Ltd, the applicant, and the Australian Meat Industry Employees Union, the respondent. The matter pertained to the application for the approval of the Bindaree Beef & AMIEU Enterprise Agreement 2019 - 2022. The applicant sought to have the proposed enterprise agreement, which outlined terms and conditions for its employees, formally approved.

The central legal issues addressed by the Commission were whether the agreement met the necessary criteria under the Fair Work Act 2009, particularly regarding procedural fairness and compliance with the "better off overall test". This test requires that employees covered by the agreement are no worse off financially than they would be under their existing awards, and at least one employee must be better off. Additionally, the Commission needed to assess if the agreement was made in good faith and if it adhered to the principles of the Fair Work Act.

In deliberating on the application, the Commission carefully examined the submissions and evidence provided by both parties. The Commission found that the agreement was procedurally sound, having been negotiated in good faith and with proper consultation between the parties. The Commission also confirmed that the agreement satisfied the better off overall test, as it provided employees with improved conditions and benefits without any financial detriment. Consequently, the Commission approved the Bindaree Beef & AMIEU Enterprise Agreement 2019 - 2022.

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