DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cannon Hill Services Pty Ltd T/A Australian Country Choice
(AG2018/7171)

AUSTRALIAN COUNTRY CHOICE MANUFACTURING ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER MCKINNON	MELBOURNE, 18 APRIL 2019

Application for approval of the Australian Country Choice Manufacturing Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Australian Country Choice Manufacturing Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cannon Hill Services Pty Ltd T/A Australian Country Choice.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Australasian 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 17 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cannon Hill Services Pty Ltd, trading as Australian Country Choice, applied for approval of the Australian Country Choice Manufacturing Enterprise Agreement 2018. The application was brought before the Fair Work Commission (FWC), the industrial relations tribunal with the jurisdiction to approve and register enterprise agreements. The dispute involved the terms and conditions of employment for employees within the manufacturing sector, as outlined in the proposed agreement.

The key legal issues that the FWC had to resolve were whether the agreement was made in accordance with the relevant legislative requirements, including whether the agreement had been genuinely negotiated, and if it contained the mandated minimum entitlements for employees. The FWC also needed to determine if the agreement met the "better off overall test" to ensure that no employee would be worse off financially if the agreement was implemented.

In considering these issues, the FWC examined the evidence provided by both parties, including the negotiation process and the financial implications for employees. The FWC found that the agreement had been genuinely negotiated and contained the minimum entitlements required by the Fair Work Act 2009. The FWC concluded that the agreement was in the best interests of the employees, as it was better off overall, and approved the Australian Country Choice Manufacturing Enterprise Agreement 2018. The approval was subject to specific conditions to ensure compliance with the agreement's terms.

Cannon Hill Services Pty Ltd T/A Australian Country Choice

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established