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

Printed by authority of the Commonwealth Government Printer

Annexure A

Greenham Tasmania Pty Ltd recently had its application for approval of its 2019 Meat Processing Enterprise Agreement heard in the Fair Work Commission. The applicant, Greenham Tasmania, is a meat processing company based in Tasmania. The agreement was contested by the United Workers Union, representing the employees of Greenham Tasmania. The primary dispute centred around the terms and conditions stipulated in the proposed agreement, specifically those concerning wages, hours of work, and other employment-related entitlements.

The legal issues before the court required it to determine whether the proposed agreement complied with the Fair Work Act 2009. The court had to consider whether the agreement provided a safety net of minimum wages and conditions, was free from coerced agreements, and was made in good faith. Furthermore, the court needed to assess if the agreement provided for proper representation of the employees and if it had been appropriately certified by the Fair Work Commission.

In its decision, the Fair Work Commission acknowledged that the proposed agreement had been the subject of genuine bargaining between the parties. The court found that the agreement did not undercut the safety net of minimum wages and conditions and was made in good faith. The commission also confirmed that the agreement provided for proper representation and had been appropriately certified. Consequently, the Fair Work Commission approved the Greenham Tasmania Pty Ltd Meat Processing Enterprise Agreement 2019, finding it to be compliant with the requirements of the Fair Work Act 2009.

Greenham Tasmania Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established