Bindaree Beef Pty Ltd T/A Bindaree Beef Summary

[2023] FWCA 2573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bindaree Beef Pty Ltd T/A Bindaree Beef

(AG2023/2512)

BINDAREE BEEF INVERELL MAINTENANCE ENTERPRISE AGREEMENT 2023 – 2026

Meat Industry
DEPUTY PRESIDENT EASTON	SYDNEY, 15 AUGUST 2023

Application for approval of the Bindaree Beef Inverell Maintenance Enterprise Agreement 2023 - 2026.

Bindaree Beef Pty Ltd T/A Bindaree Beef (the Employer) has made an application for the approval of the Bindaree Beef Inverell Maintenance Enterprise Agreement 2023 – 2026 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AWU and CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2023. The nominal expiry date of the Agreement is 15 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Bindaree Beef Pty Ltd trading as Bindaree Beef, the Fair Work Commission was asked to approve the Bindaree Beef Inverell Maintenance Enterprise Agreement 2023-2026. The application for approval was made by the employer, and the union representing the employees did not object to the agreement. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which aimed to regulate the employment relationship between the employer and the employees.

The legal issues before the court involved determining whether the agreement was in compliance with the Fair Work Act 2009, particularly focusing on whether the agreement met the requirements for a valid enterprise agreement under the Act. The court had to assess whether the agreement was made in good faith, whether it complied with the procedural requirements, and whether it provided for the appropriate minimum entitlements and terms and conditions as stipulated by the Act.

In rendering its decision, the court found that the agreement was made in good faith and satisfied all the procedural requirements for a valid enterprise agreement. The court also confirmed that the agreement provided for the appropriate minimum entitlements and terms and conditions as required by the Fair Work Act 2009. The union's lack of objection further supported the validity of the agreement. The court concluded that the agreement was fair and reasonable and approved it in accordance with the Act.

The Fair Work Commission approved the Bindaree Beef Inverell Maintenance Enterprise Agreement 2023-2026, and it became effective from the date of the approval. The agreement would govern the employment relationship between the employer and the employees for the specified period.

Bindaree Beef Pty Ltd T/A Bindaree Beef

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established