Greenham Tasmania Pty Ltd

[2019] FWCA 6400

[2019] FWCA 6400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Greenham Tasmania Pty Ltd
(AG2019/2435)

GREENHAM TASMANIA PTY LTD MEAT PROCESSING ENTERPRISE AGREEMENT 2019

Meat Industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 SEPTEMBER 2019

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

[1] Greenham Tasmania Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Greenham Tasmania Pty Ltd Meat Processing Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I observe that clauses 17.1, 17.2, 20 and 22.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 13 September 2019 and, in accordance with s 54, will operate from 20 September 2019. The nominal expiry date of the Agreement is 13 September 2023.

DEPUTY PRESIDENT

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Annexure A