DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fletcher International Exports Pty Ltd
(AG2017/4988)

FLETCHER INTERNATIONAL EXPORTS PTY LTD (DUBBO) PRODUCTION EMPLOYEES’ AGREEMENT

Meat Industry
COMMISSIONER MCKINNON	MELBOURNE, 17 MAY 2018

Application for approval of the Fletcher International Exports Pty Ltd (Dubbo) Production Employees’ Agreement.

[1] Fletcher International Exports Pty Ltd (Fletcher) has applied for approval of a single-enterprise agreement known as the Fletcher International Exports Pty Ltd (Dubbo) Production Employees’ Agreement (the Agreement).

[2] On 27 April 2018 I issued a decision setting out my preliminary findings in relation to the Agreement. 1

[3] Fletcher filed written undertakings in accordance with directions issued on 30 April 2018 and 8 May 2018. A copy of these undertakings is attached in Annexure A. The Australasian Meat Industry Employees Union (AMIEU) gave their views on the proposed undertakings in each case.

[4] Fletcher and the AMIEU also made further submissions about the “Learner” classification in the Agreement. Having regard to those submissions, I find that there is no mandatory progression for employees from Level 1 to Level 2 in the Meat Industry Award 2010 2 (the Award). Unlike other entry-level employees, Cleaners under the Award receive an hourly allowance in addition to their minimum hourly rate. I am satisfied that the undertakings given by Fletcher in relation to Learner Cleaners are appropriate and that no further undertakings are required to ensure that Learners employed to perform other types of work under the Agreement are better off overall.

[5] I am satisfied that the undertakings given by Fletcher will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[6] Subject to the undertakings at Annexure A, I am also satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have now been met.

[7] Pursuant to s.202(4) of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] Pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[9] The AMIEU, 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2018. The nominal expiry date of the Agreement is 23 May 2019.

COMMISSIONER

Annexure A

1 Fletcher International Exports Pty Ltd [2018] FWC 2351

2 MA000059

Printed by authority of the Commonwealth Government Printer

The parties involved in the case were Fletcher International Exports Pty Ltd and the Fair Work Commission. The dispute centred around the approval of the Fletcher International Exports Pty Ltd (Dubbo) Production Employees’ Agreement. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The central legal issues before the court were whether the agreement met the necessary legal standards and requirements, including those set out in the Fair Work Act 2009, and whether it was fair and appropriate for the employees involved. The court needed to consider various aspects of the agreement, including the terms and conditions of employment, the rights and obligations of the employer and employees, and the overall fairness and balance of the agreement.

The court meticulously examined the agreement, taking into account the specific circumstances of the parties and the relevant legal framework. After a thorough analysis, the court found that the agreement was fair and appropriate for the employees involved. The agreement was approved, reflecting the court's determination that it met the necessary legal standards and provided a fair and balanced arrangement for both the employer and the employees. The court's decision was grounded in a detailed assessment of the agreement's provisions and the broader context in which it operated.

Fletcher International Exports 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