DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cannon Hill Services Pty Ltd T/A Australian Country Choice
(AG2015/2924)

AUSTRALIAN COUNTRY CHOICE (SLAUGHTERING AND BONING OPERATIONS) ENTERPRISE AGREEMENT 2015

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 26 JUNE 2015

Application for approval of the Australian Country Choice (Slaughtering and Boning Operations) Enterprise Agreement 2015.

[1] Cannon Hill Services Pty Ltd T/A Australian Country Choice applies for approval of an enterprise agreement known as the Australian Country Choice (Slaughtering and Boning Operations) Enterprise Agreement 2015 (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] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisations wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 25 June 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 3 July 2015. The nominal expiry date of the Agreement is 26 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cannon Hill Services Pty Ltd, trading as Australian Country Choice, sought approval of the Australian Country Choice (Slaughtering and Boning Operations) Enterprise Agreement 2015. The applicant sought approval of the agreement under section 233 of the Fair Work Act 2009. The applicant was a meat processing company with employees covered by the agreement. The dispute involved whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the process of its creation and the fairness of its terms.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it was appropriately certified by the Australian Building and Construction Commission, and whether the agreement's terms were fair and reasonable. The applicant argued that the agreement had been negotiated in good faith and that the certification process had been properly followed. The Commission needed to determine if there was compliance with procedural fairness and if the terms of the agreement met the statutory requirements for fairness.

In assessing the application, the Commission examined the negotiation process and the evidence provided by the parties. It found that the agreement had been genuinely negotiated and that the certification process had been appropriate. The Commission also considered the fairness of the agreement's terms, including provisions related to wages, hours of work, and other employment conditions. After reviewing the submissions and evidence, the Commission determined that the agreement met the legislative criteria for approval.

The Commission approved the Australian Country Choice (Slaughtering and Boning Operations) Enterprise Agreement 2015, finding it to be fairly negotiated and meeting the statutory requirements for fairness. The decision was based on the evidence provided by the applicant and the Commission's assessment of the agreement's compliance with the Fair Work Act. The approval of the agreement means it will now be applicable to the employees covered by its 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