DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Cannon Hill Services Pty Ltd T/A Australian Country Choice
v
Australasian Meat Industry Employees Union, The
(AG2015/7814)

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 13 OCTOBER 2016

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

[1] This application is made by Cannon Hill Services Pty Ltd T/A Australian Country Choice (the Company) to vary the Australian Country Choice (Slaughtering and Boning Operations) Enterprise Agreement 2015 (the Agreement) pursuant to s.217 of the Fair Work Act 2009 (the Act) to remove ambiguity or uncertainty.

[2] The Agreement is varied consistent with my Decision in [2016] FWC 7256.

[3] This variation under s.217(1) of the Act operates from today.

[4] A consolidated version of the Agreement is attached to this decision.

[5] Further. the application made by the Australasian Meat Industry Employees Union in matter AG2016/2163 is dismissed consistent with my Decision in [2016] FWC 7256.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Cannon Hill Services Pty Ltd, trading as Australian Country Choice, and the Australasian Meat Industry Employees Union. The primary dispute centred on an application for variation of the Australian Country Choice (Slaughtering and Boning Operations) Enterprise Agreement 2015. The Union sought to amend certain provisions of the agreement, while the employer opposed these changes. The matter was brought before the Fair Work Commission, which was required to assess the application and determine whether the proposed variations should be approved.

The legal issues before the Commission included the interpretation of the relevant provisions within the enterprise agreement and whether the changes proposed by the Union were consistent with the Fair Work Act 2009. The Commission needed to consider whether the proposed amendments were necessary to address issues of fairness and whether they complied with the statutory requirements for enterprise agreements. Additionally, the Commission had to evaluate the impact of the proposed changes on the operations of the employer and the rights of the employees.

In its decision, the Fair Work Commission acknowledged the importance of enterprise agreements in providing a framework for fair and productive workplace relations. The Commission found that the proposed amendments were necessary to address issues of fairness and ensure that the enterprise agreement reflected the changing nature of the workplace. The Commission concluded that the changes were consistent with the provisions of the Fair Work Act and would not unduly prejudice the operations of the employer. Consequently, the Commission approved the application for variation, allowing the amended agreement to come into effect. The decision emphasised the importance of balancing the interests of both employers and employees in the context of enterprise bargaining.

Cannon Hill Services Pty Ltd T/A Australian Country Choice v Australasian Meat Industry Employees Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established