DECISION

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

Gundabone Pty Ltd T/A Gundagai Meat Processors
(AG2016/3924)

GUNDAGAI MEAT PROCESSORS ENTERPRISE AGREEMENT 2016

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 SEPTEMBER 2016

Application for approval of the Gundagai Meat Processors Enterprise Agreement 2016.

[1] Hironi Pty Ltd ATF Barton Unit Trust and Gundabone Pty Ltd T/AS Gundagai Meat Processors apply for approval of an enterprise agreement known as the Gundagai Meat Processors Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). Hironi Pty Ltd ATF Barton Unit Trust and Gundabone Pty Ltd are single-interest employers engaged in a common enterprise. The agreement is a single-enterprise agreement.

[2] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 23 September 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and form part of the Agreement.

[4] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. 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] The Agreement does not contain a flexibility term that is consistent with the requirements of s.203 of the Act. 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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved, in accordance with s.54 of the Act, will operate from 5 October 2016. The nominal expiry date of the Agreement is 5 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Gundabone Pty Ltd trading as Gundagai Meat Processors, the Fair Work Commission was asked to consider the application for approval of the Gundagai Meat Processors Enterprise Agreement 2016. The applicant, Gundabone Pty Ltd, sought approval of the agreement which was negotiated with the Meat and Food Trades Union. The union represented employees who were engaged in various roles within the meat processing industry, including workers, labourers, and other related occupations.

The central legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly whether it was made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The Commission had to assess if the agreement was procedurally sound, if it was fair and reasonable, and if it adhered to the principles of industrial fairness and equity.

The Commission examined the negotiation process and found that the agreement was made in good faith. The Commission considered the evidence provided by both parties and determined that the agreement was fair and reasonable. The Commission took into account the specific nature of the meat processing industry, the economic context, and the terms and conditions of the agreement. The Commission concluded that the agreement provided for appropriate minimum terms and conditions, and it did not contain any provisions that would be detrimental to the employees.

In light of the findings, the Commission approved the Gundagai Meat Processors Enterprise Agreement 2016. The approval ensures that the terms and conditions of employment for the employees of Gundabone Pty Ltd are governed by the agreement, subject to the provisions of the Fair Work Act 2009.

Gundabone Pty Ltd T/A Gundagai Meat Processors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established