Harvey Industries Group Pty Ltd T/A Harvey Beef

[2014] FWCA 7115

[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

<Price code G, AE410557  PR556399>