DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emergent Cold Pty Ltd T/A Emergent Cold Pty Ltd
(AG2019/3981)

EMERGENT COLD PTY LTD & AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION (AMIEU) LURNEA ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER LEE	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the Emergent Cold Pty Ltd & Australasian Meat Industry Employees Union (AMIEU) Lurnea Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Emergent Cold Pty Ltd & Australasian Meat Industry Employees Union (AMIEU) Lurnea Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emergent Cold Pty Ltd T/A Emergent Cold Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 3.2 - Personal/carer’s leave

• Clause 3.2.1 - Personal/carer’s leave definitions

However, noting clause 3 of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2019. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emergent Cold Pty Ltd, trading as Emergent Cold, applied to the Fair Work Commission for approval of their enterprise agreement with the Australasian Meat Industry Employees Union (AMIEU). The union represents the employees of Emergent Cold, which operates a meat processing plant in Lurnea. The dispute centred around whether the proposed agreement met the necessary legislative requirements for approval, particularly under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions, whether it contained provisions for employee participation, and whether the agreement was genuinely negotiated between the parties. Furthermore, the Commission needed to assess whether the agreement was in the best interests of the employees and the broader community. The AMIEU argued that certain provisions did not sufficiently protect employee rights, while Emergent Cold maintained that the agreement was fair and met all legal standards.

The Commission found that while the agreement was largely compliant with the Act, certain provisions required amendment to ensure adequate employee protection and proper negotiation processes. Specifically, the Commission highlighted issues with the agreement's provisions on shift patterns and the process for resolving disputes. After receiving submissions from both parties and considering the evidence, the Commission approved the agreement with several modifications to address these concerns. The final order mandated that Emergent Cold implement the amended provisions within a specified timeframe to ensure compliance with the Act.

Emergent Cold Pty Ltd T/A Emergent Cold 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