DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenham Gippsland Pty Ltd
(AG2019/4181)

GREENHAM GIPPSLAND PTY LTD MEAT PROCESSING AGREEMENT 2019

Meat Industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 NOVEMBER 2019

Application for approval of the Greenham Gippsland Pty Ltd Meat Processing Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Greenham Gippsland Pty Ltd Meat Processing 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 Greenham Gippsland 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2019. The nominal expiry date of the Agreement is 26 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Greenham Gippsland Pty Ltd sought approval of its 2019 Enterprise Agreement from the Fair Work Commission, which was opposed by the Australian Manufacturing Workers' Union. The application was made under section 188 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for approval as a new agreement under section 231 of the Act. Specifically, the court had to consider whether the agreement was in the public interest and whether it provided for the proper regulation of workplace relations.

The court considered the various provisions of the agreement and the submissions made by the parties. It examined the provisions regarding pay rates, conditions of employment, and dispute resolution mechanisms. The court also took into account the views of the parties' representatives and any relevant public interest considerations. The court found that the agreement provided for the proper regulation of workplace relations and was in the public interest. It noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it included effective dispute resolution mechanisms.

The Fair Work Commission approved the Greenham Gippsland Pty Ltd Meat Processing Enterprise Agreement 2019, finding that it met the criteria for approval under the Fair Work Act 2009. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it included effective dispute resolution mechanisms. The court also found that the agreement was in the public interest, as it provided for the proper regulation of workplace relations. The agreement was therefore approved, and the application was successful.

Greenham Gippsland 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