Hardwicks Meat Works Pty Ltd

[2014] FWCA 8252

[2014] FWCA 8252

FAIR WORK COMMISSION

DECISION

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

Hardwicks Meat Works Pty Ltd
(AG2014/9017)

HARDWICKS MEATWORKS PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION VICTORIAN MEAT PROCESSING AGREEMENT 2014

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 19 NOVEMBER 2014

Application for approval of the Hardwicks Meatworks Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Hardwicks Meatworks Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2014 (the Agreement). The application has been made by Hardwicks Meat Works Pty Ltd. The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Anne Comfort of Hardwicks Meat Works Pty Ltd on 16 September 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test when compared to the terms and conditions contained within the Meat Industry Award 2010 (the Award). I have accepted a number of undertakings from Hardwicks Meat Works Pty Ltd which remedy my concerns with the Agreement. The undertakings are attached as Attachment A. I am satisfied that the undertakings meet the requirements prescribed by s.190 of the Act.

[4] The Agreement does not appear to contain a consultation term that meets the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment B, is taken to be a term of the Agreement.

[5] The Australasian Meat Industry Employees Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 11 August 2018.

COMMISSIONER

Attachment A:

Attachment B:

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