Harvey Industries Group Pty Ltd T/A Harvey Beef

[2018] FWCA 4999

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Harvey Industries Group Pty Ltd T/A Harvey Beef

(AG2018/496)

Harvey Industries Group Pty Limited Meat Processing & By-Products Union Enterprise Agreement 2018

Food, beverages and tobacco manufacturing industry
Deputy President Beaumont	PERTH, 28 August 2018

Application for approval of the Harvey Industries Group Pty Limited Meat Processing & By-Products Union Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Harvey Industries Group Pty Limited Meat Processing & By-Products Union Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Harvey Industries Group Pty Ltd T/A Harvey Beef. The agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australasian Meat Industry Employees Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 29 August 2018 and, in accordance with s.54, will operate from 5 September 2018. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Harvey Industries Group Pty Ltd, trading as Harvey Beef, and the Meat Processing & By-Products Union Enterprise Agreement 2018. The union sought approval for the agreement, which governs the employment conditions of workers within the company. The matter was brought before the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for "better off overall" and "no disadvantage" tests, which ensure that employees are not worse off under the new agreement compared to their previous conditions. Additionally, the Commission had to assess whether the agreement contained appropriate provisions for employee representation and dispute resolution.

The Fair Work Commission found that the proposed agreement met the statutory requirements. The Commission concluded that the agreement provided employees with improved conditions and benefits, satisfying the "better off overall" test. Furthermore, the Commission determined that no employee would be disadvantaged by the agreement, thereby fulfilling the "no disadvantage" test. The agreement included adequate provisions for employee representation and dispute resolution, which aligned with the Commission's expectations. Consequently, the Commission approved the Harvey Industries Group Pty Limited Meat Processing & By-Products Union Enterprise Agreement 2018.

The Fair Work Commission's decision was final, and the agreement was approved as sought by the union. This ruling ensures that the employment conditions for workers at Harvey Beef are governed by the terms and conditions set out in the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established