Harvey Industries Group Pty Ltd T/A Harvey Beef

[2014] FWCA 7115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harvey Industries Group Pty Ltd T/A Harvey Beef
(AG2014/7340)

HARVEY INDUSTRIES GROUP PTY LIMITED MEAT PROCESSING & BY-PRODUCTS UNION ENTERPRISE AGREEMENT 2014

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 15 OCTOBER 2014

Application for approval of the Harvey Industries Group Pty Limited Meat Processing & By-Products Union Enterprise Agreement 2014.

[1] 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 2014 (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.

[2] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The consultation term in the Agreement does not include the mandatory requirements of s.205 of the Act that the employer consult employees about a change to their regular roster or ordinary hours of work, and

provides information to the employees about the change; and

invites the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

considers any views given by the employees about the impact of the change; and

allows for the representation of those employees for the purposes of that consultation.

Consequently pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2014. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Harvey Industries Group Pty Ltd, trading as Harvey Beef, sought approval of the Harvey Industries Group Pty Limited Meat Processing & By-Products Union Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was required to assess whether the agreement met the requirements of the Fair Work Act 2009. The union representing the employees argued that the agreement did not meet certain criteria, including provisions relating to the payment of casual employees and the classification of workers.

The legal issues before the Commission centred on whether the enterprise agreement satisfied the provisions of the Fair Work Act, particularly sections concerning the terms and conditions of employment, including minimum rates of pay, classification of employees, and provisions for casual employees. The Commission had to determine if the agreement complied with the requirements for approval under the Act and whether any provisions were contrary to the public interest or not genuinely an enterprise agreement.

The Commission found that the agreement was generally in line with the requirements of the Act, with some minor amendments necessary to address the union's concerns. The Commission approved the agreement with minor modifications, including clarifications on the payment of casual employees and the classification of workers. The union's objections were largely addressed through these amendments, and the Commission was satisfied that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the Harvey Industries Group Pty Limited Meat Processing & By-Products Union Enterprise Agreement 2014, subject to the minor modifications made to address the union's concerns. The approved agreement now serves as a binding contract between Harvey Beef and the union, governing the terms and conditions of employment for the workers involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established