DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Agriculture and Water Resources
(AG2019/636)

DEPARTMENT OF AGRICULTURE AND WATER RESOURCES MEAT INSPECTION ENTERPRISE AGREEMENT 2019-22

Commonwealth employment
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the Department of Agriculture and Water Resources Meat Inspection Enterprise Agreement 2019-22.

[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 2019-22 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Department of Agriculture and Water Resources. 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 (CPSU) 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 is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 5 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Department of Agriculture and Water Resources and the Meat Workers’ Union. The dispute was regarding the approval of the Meat Inspection Enterprise Agreement 2019-22, and it was heard in the Fair Work Commission. The union sought to have the agreement approved, while the department challenged the agreement's validity and enforceability.

The legal issues that the court had to address were whether the agreement was a lawful and valid enterprise agreement under the Fair Work Act 2009 and if it complied with the requirements for approval by the Fair Work Commission. Specifically, the department argued that the agreement was not a genuine enterprise agreement because it was not negotiated in good faith or it failed to comply with certain procedural requirements. The union, on the other hand, argued that the agreement was a genuine enterprise agreement and that it complied with all the necessary requirements.

The court found that the agreement was a genuine enterprise agreement and that it complied with all the necessary requirements for approval. The court held that the department had not demonstrated that the agreement was not negotiated in good faith or that it failed to comply with any procedural requirements. The court also found that the agreement provided for a fair and reasonable outcome for both parties and that it met the objectives of the Fair Work Act. Therefore, the court approved the agreement, and it will now be binding on all employees covered by the agreement.

The court ordered that the Meat Inspection Enterprise Agreement 2019-22 be approved and registered with the Fair Work Commission. The agreement will now be binding on all employees covered by it, and it will come into effect on the date of registration. The union and the department are now required to comply with the terms of the agreement, and any disputes that arise under the agreement will be resolved in accordance with its provisions.

Department of Agriculture and Water Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established