Greenmountain Food Processing Pty Ltd

[2023] FWCA 945

[2023] FWCA 945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Greenmountain Food Processing Pty Ltd

(AG2023/469)

GREENMOUNTAIN FOOD PROCESSING AGREEMENT 2023

Meat Industry
COMMISSIONER HUNT	BRISBANE, 29 MARCH 2023

Application for approval of the Greenmountain Food Processing Agreement 2023

1. Greenmountain Food Processing Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Greenmountain Food Processing Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

1. The Australasian Meat Industry Employees Union (AMIEU) filed its Form F18, in which it raised a number of concerns that the Agreement was not genuinely agreed to, and the Agreement does not pass the Better Off Overall Test. The Employer provided a response to the AMIEU’s concerns, and revised undertakings. A copy of the undertakings is attached at Annexure A.  On 27 March 2023, the AMIEU expressed satisfaction with the Employer’s response, and advised that it does not press its concerns. 

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 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) of the Act I note that the Agreement covers the AMIEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2023.  The nominal expiry date of the Agreement is 29 March 2027.

COMMISSIONER

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Annexure A – Undertakings