DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Challenge Meats Pty Ltd
(AG2017/245)

CHALLENGE MEATS PTY LTD AND AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION COLLECTIVE PROCESSING AGREEMENT 2016

Meat Industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2017

Application for approval of the Challenge Meats Pty Ltd and Australasian Meat Industry Employees’ Union Collective Processing Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Challenge Meats Pty Ltd and Australasian Meat Industry Employees’ Union Collective Processing Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Challenge Meats Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] Subject to 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2017. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Challenge Meats Pty Ltd and the Australasian Meat Industry Employees’ Union, applied to the Fair Work Commission for approval of their collective processing agreement. The agreement in question pertained to various terms and conditions of employment within the meat processing industry, including wages, hours of work, and workplace safety. The application was contested by the Australian Workers’ Union, which argued that the agreement did not comply with certain provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, including the need for the agreement to provide for better terms and conditions than those set out in the relevant award, and whether it was genuinely negotiated between the parties. The Commission also had to consider the potential impact of the agreement on the broader industrial relations landscape, including its effect on the award safety net.

In its decision, the Commission found that the proposed agreement met the statutory criteria for approval. The agreement provided for better terms and conditions than those in the relevant award, including higher wages and improved conditions of work. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it would not undermine the award safety net. The Commission also noted that the agreement would provide greater certainty and stability for employers and employees in the meat processing industry.

The Commission approved the application for the collective processing agreement, subject to certain modifications to address concerns raised by the opposing party. These modifications included amendments to the agreement’s provisions on overtime and penalty rates, as well as the inclusion of additional dispute resolution mechanisms. The approved agreement will now be registered with the Fair Work Commission and will apply to all employees covered by the agreement.

Challenge Meats 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