Bindaree Beef Pty Ltd

[2014] FWCA 4437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bindaree Beef Pty Ltd
(AG2014/6443)

BINDAREE BEEF & AMIEU ENTERPRISE AGREEMENT 2014 - 2018

Meat Industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 3 JULY 2014

Application for approval of the Bindaree Beef & AMIEU Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bindaree Beef & AMIEU Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Subject to matters I refer to in paragraph [3], I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Clause 9 of the Agreement (workplace change/consultation) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

[4] The Australian Meat Industry Employees’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 10 July 2014. The nominal expiry date of the Agreement is 10 July 2018.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bindaree Beef Pty Ltd applied to the Fair Work Commission for approval of the Bindaree Beef & AMIEU Enterprise Agreement 2014-2018. The Australian Meat Industry Employees Union (AMIEU) represented the employees of Bindaree Beef. The dispute centred on whether the proposed enterprise agreement met the legal requirements under the Fair Work Act 2009, including whether it was in the best interests of the employees.

The legal issues before the Commission involved whether the agreement was a genuine enterprise agreement and whether it met the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was appropriately negotiated and if it contained terms that were fair and reasonable for the employees.

The Commission found that the agreement was genuinely negotiated between the parties and contained terms that were fair and reasonable. The Commission considered the views of the employees, as expressed through a vote, and the evidence provided by both parties. It concluded that the agreement was in the best interests of the employees, taking into account their views and the terms of the agreement. Consequently, the Fair Work Commission approved the Bindaree Beef & AMIEU Enterprise Agreement 2014-2018, finding it met the legal requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established