DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hilltop Meats PTY LTD
(AG2019/265)

HILLTOP MEATS ENTERPRISE AGREEMENT 2019

Meat Industry
COMMISSIONER BISSETT	MELBOURNE, 7 MAY 2019

Application for approval of the Hilltop Meats Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hilltop Meats Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hilltop Meats PTY LTD. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved Hilltop Meats Pty Ltd and its employees, represented by a union, in an application to the Fair Work Commission for the approval of the Hilltop Meats Enterprise Agreement 2019. The union sought to have the agreement certified as a registered enterprise agreement, while Hilltop Meats Pty Ltd did not oppose the application but raised concerns about certain provisions within the agreement.

The key legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it had been made in good faith and without coercion. Hilltop Meats Pty Ltd specifically challenged the provisions related to the calculation of overtime and shift differentials, arguing that these provisions were not clear and did not adequately protect employee interests. The union, on the other hand, maintained that the agreement was fair and met all legal requirements.

The Fair Work Commission determined that the agreement was made in good faith and without coercion, and that the provisions in question were clear and fair. The Commission found that the provisions regarding overtime and shift differentials were consistent with industry practices and adequately protected employee interests. As a result, the Commission approved the Hilltop Meats Enterprise Agreement 2019 as a registered enterprise agreement, effective from the date of the decision. This decision ensures that the terms and conditions of employment for the employees of Hilltop Meats Pty Ltd are governed by the agreed-upon provisions.

Hilltop Meats PTY LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established