DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commonwealth of Australia as represented by the Department of Agriculture
(AG2015/7554)

DEPARTMENT OF AGRICULTURE AND WATER RESOURCES MEAT INSPECTION ENTERPRISE AGREEMENT 2015-18

Commonwealth employment
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Department of Agriculture and Water Resources Meat Inspection Enterprise Agreement 2015-18.

[1] An application has been made for approval of an enterprise agreement known as the Department of Agriculture and Water Resources Meat Inspection Enterprise Agreement 2015-18 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Commonwealth of Australia as represented by the Department of Agriculture. The Agreement is a single enterprise agreement.

[2] 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.

[3] The CPSU, the Community and Public Sector 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.

[4] The Agreement was approved on 22 December 2015 and, in accordance with s.54, will operate from 29 December 2015. The nominal expiry date of the Agreement is 21 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Commonwealth of Australia, represented by the Department of Agriculture, an application was brought before the Fair Work Commission for the approval of the Department of Agriculture and Water Resources Meat Inspection Enterprise Agreement 2015-18. The application sought the commission's approval for the terms and conditions outlined in the proposed agreement, which was intended to govern the employment of meat inspectors within the department. The primary dispute centred around the fairness and appropriateness of the proposed conditions, including wages, working hours, and other employment-related matters.

The legal issues before the commission involved assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included ensuring that the agreement did not provide for terms and conditions that were less favourable than the applicable awards or the national employment standards. Furthermore, the commission had to consider whether the agreement was procedurally sound, with appropriate consultation and negotiation processes having been followed. The commission also needed to evaluate if the proposed terms and conditions were fair and reasonable, taking into account the interests of both the employees and the employer.

The commission found that the proposed agreement complied with the statutory requirements for approval. The commission determined that the terms and conditions were not less favourable than the relevant awards or national employment standards, and that the negotiation process had been conducted in good faith and with appropriate consultation. The commission further concluded that the proposed terms and conditions were fair and reasonable, considering the interests of both the employees and the employer. Accordingly, the commission approved the Department of Agriculture and Water Resources Meat Inspection Enterprise Agreement 2015-18, subject to the conditions outlined in the decision.

Commonwealth of Australia as represented by the Department of Agriculture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established