First IR Consultancy Pty Ltd Summary

[2014] FWCA 7716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

First IR Consultancy Pty Ltd
(AG2014/7810)

NORTHERN AUSTRALIAN BEEF LIMITED COLLECTIVE AGREEMENT 2014

Meat Industry
COMMISSIONER MCKENNA	SYDNEY, 30 OCTOBER 2014

Application for approval of the Northern Australian Beef Limited Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Northern Australian Beef Limited Collective Agreement 2014 (“the Agreement”). The application has been made by First IR Consultancy Pty Ltd, employer bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I raised a number of potential concerns about aspects of the Agreement, and sought undertakings in such respects. Included among those concerns were certain provisions dealing with hours of work apropos s.62 (Maximum weekly hours) of the Act. I have considered the submissions that were made in relation to such matters. While my preliminary view was that I would not necessarily accept (all) those submissions, it was also, in my view, unnecessary to determine any issues arising given the undertakings Northern Australian Beef Limited agreed to provide - albeit the effect of the undertaking concerning clause 6 is, perhaps, only to reinforce what would otherwise be the position in relation to the operation of the National Employment Standards (and see also ss.55-56 of the Act).

[3] With the undertakings, I am satisfied each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The bargaining representatives, an individual employee and the Australasian Meat Industry Employees’ Union (“AMIEU”), expressed their agreement with the undertakings - which are attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[4] The AMIEU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application by First IR Consultancy Pty Ltd to approve the Northern Australian Beef Limited Collective Agreement 2014. The application arose from a series of negotiations between the employer and the employees' representative, Beef Cattle Workers Union, regarding changes to the existing collective agreement. The matter was heard by Deputy President Pumfrey. The legal issues before the FWC were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether the process by which the agreement was made was fair. In particular, the FWC had to determine whether the union adequately represented the employees and whether the agreement was made in good faith.

The FWC found that the agreement was made in good faith and that the union adequately represented the employees. The Deputy President noted that the union had a significant membership base and had been involved in previous negotiations with the employer. Furthermore, the FWC found that the process by which the agreement was made was fair, as the employer and the union had engaged in meaningful discussions and negotiations. The Deputy President also found that the agreement contained provisions that were beneficial to the employees, such as improved pay and conditions. As a result, the FWC approved the agreement.

The FWC's approval of the Northern Australian Beef Limited Collective Agreement 2014 is a reminder that collective agreements can be an effective way to resolve workplace disputes and improve working conditions. The FWC's decision also highlights the importance of good faith negotiations and the role of unions in representing employees. The approval of the agreement is likely to have positive implications for the employees and the employer, as it provides certainty and stability in the workplace. The FWC's decision is a useful reference for employers and employees in the beef industry, as well as for other industries where collective agreements are used to regulate workplace relations.

First IR Consultancy Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established