Hardwicks Meat Works Pty Ltd Summary

[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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hardwicks Meat Works Pty Ltd recently sought approval from the Fair Work Commission for the Hardwicks Meatworks Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2014. The applicant, Hardwicks Meat Works, and the respondent, the Australasian Meat Industry Employees' Union, engaged in negotiations to reach a new enterprise agreement. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the provisions of the Act, particularly sections concerning the process for bargaining and the terms of the agreement itself. The respondent argued that the agreement did not meet the requirements of a genuine enterprise agreement as it was not the product of genuine bargaining. Hardwicks Meat Works contended that the agreement was the result of genuine negotiations and met all legal requirements.

The Commission found that the agreement was indeed the product of genuine bargaining. The evidence presented demonstrated that both parties had engaged in a process that was fair and transparent, leading to an agreement that was satisfactory to both parties. The terms of the agreement were considered reasonable and complied with the relevant provisions of the Act. As such, the Commission approved the agreement.

The Commission's final orders included the approval of the Hardwicks Meatworks Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2014, effective from the date of the decision. The agreement was to be registered by the Commission and would apply to the employees of Hardwicks Meat Works. This decision confirmed the validity of the agreement and its enforceability under the Fair Work Act 2009.

Hardwicks Meat Works Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established