DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frewstal Pty Ltd
(AG2018/5659)

FREWSTAL PTY LTD VICTORIAN MEAT PROCESSING AGREEMENT 2018

Meat Industry
COMMISSIONER BISSETT	MELBOURNE, 3 APRIL 2019

Application for approval of the Frewstal Pty Ltd Victorian Meat Processing Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Frewstal Pty Ltd Victorian Meat Processing Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frewstal 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Australasian Meat Industry Employees Union (AMIUE) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 23 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Frewstal Pty Ltd, an employer, and the Meat Industry Workers Union, the applicant. The central dispute was the application for the approval of the Frewstal Pty Ltd Victorian Meat Processing Agreement 2018. The applicant argued that the agreement failed to meet the standards set forth in the Fair Work Act 2009, specifically in relation to minimum wages and conditions. Frewstal Pty Ltd contested the application, asserting that the agreement was fair and met all statutory requirements.

The legal issues that the Fair Work Commission had to decide were whether the agreement provided for fair and reasonable terms and conditions, and whether it satisfied the minimum standards under the Fair Work Act. The Commission needed to examine the provisions of the agreement concerning wages, hours of work, and other conditions, to determine if they complied with the minimum standards and were fair and reasonable in the circumstances. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for a proper process for resolving disputes.

The Commission determined that the Frewstal Pty Ltd Victorian Meat Processing Agreement 2018 did not meet the minimum standards required by the Fair Work Act. The agreement failed to provide for adequate wages and conditions, particularly in relation to penalty rates and shift loadings. The Commission found that the terms were not fair and reasonable, given the nature of the work involved and the industry standards. Consequently, the application for approval was dismissed. The Fair Work Commission concluded that the agreement did not provide for minimum terms and conditions as required by law, and therefore, it could not be approved.

Frewstal 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