DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bunbury Beef Pty Ltd
(AG2021/4777)

BUNBURY BEEF PTY LTD AND THE AUSTRALIAN MEAT INDUSTRY EMPLOYEES’ UNION SOUTH AND WEST AUSTRALIA BRANCH AGREEMENT 2020

Meat Industry
COMMISSIONER MCKINNON	MELBOURNE, 8 JUNE 2021

Application for approval of the Bunbury Beef Pty Ltd and the Australian Meat Industry Employees’ Union South and West Australia Branch Agreement 2020.

[1] Bunbury Beef Pty Ltd has applied for approval of a single enterprise agreement known as the Bunbury Beef Pty Ltd and the Australian Meat Industry Employees’ Union South and West Australia Branch Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 15 June 2021. The nominal expiry date of the Agreement is 7 June 2024.

[5] The Agreement covers the Australasian Meat Industry Employees Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Bunbury Beef Pty Ltd applied for the approval of the Bunbury Beef Pty Ltd and the Australian Meat Industry Employees' Union South and West Australia Branch Agreement 2020. The application was heard by Commissioner S. Smith on 11 June 2020. The agreement sought to regulate the terms and conditions of employment for employees of Bunbury Beef Pty Ltd who were members of the Australian Meat Industry Employees' Union South and West Australia Branch.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement contained the minimum terms and conditions mandated by the Act and whether the agreement had been made in good faith and without coercion. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees.

In reaching its decision, the Commission considered the submissions of both parties and the relevant provisions of the Fair Work Act 2009. The Commission found that the agreement contained the minimum terms and conditions required by the Act and that it had been made in good faith and without coercion. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees. Accordingly, the Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The Commission's final orders included the approval of the Bunbury Beef Pty Ltd and the Australian Meat Industry Employees' Union South and West Australia Branch Agreement 2020, with modifications to certain provisions to ensure compliance with the Fair Work Act 2009. The parties were directed to implement the agreement and to notify the Commission of any changes to the agreement within 14 days of the change taking effect.

Bunbury 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