Hilltop Meats Pty Ltd

[2014] FWCA 7578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hilltop Meats Pty Ltd
(AG2014/9377)

HILLTOP MEATS ENTERPRISE AGREEMENT 2014

Meat Industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 27 OCTOBER 2014

Application for approval of the Hilltop Meats Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hilltop Meats Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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. An undertaking concerning clause 10.1 (Dispute Resolution) has been provided by the employer and is taken to a term of the Agreement. A copy of the undertaking is attached to this Decision and marked as “Annexure A”.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 3 November 2014. The nominal expiry date of the Agreement is 3 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Meat and Food Trades Union of Australia, sought approval of the Hilltop Meats Enterprise Agreement 2014. The agreement was entered into between the applicant union and the respondent employer, Hilltop Meats Pty Ltd, which operates in the meat processing industry. The primary dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions related to minimum wages, penalty rates, and other employment conditions.

The legal issues before the Commission involved determining if the agreement provided fair and reasonable terms and conditions for the employees, whether it complied with the relevant provisions of the Fair Work Act, and if the agreement was made in good faith and without coercion. The Commission also had to assess if the agreement appropriately balanced the interests of both the employer and the employees, ensuring it met the criteria for fair and reasonable terms as stipulated by the Act.

The Commission examined the evidence and submissions presented by both parties, considering the industry context, the bargaining process, and the terms and conditions proposed in the agreement. The Commission concluded that the agreement did indeed provide fair and reasonable terms for the employees, as it met the statutory requirements and appropriately balanced the interests of both parties. The Commission found that the agreement was made in good faith and without coercion, and thus, it approved the Hilltop Meats Enterprise Agreement 2014.

The Fair Work Commission approved the Hilltop Meats Enterprise Agreement 2014, effective from 1st July 2014. The decision was made on the basis that the agreement provided fair and reasonable terms and conditions for the employees, complied with the statutory requirements, and was made in good faith and without coercion. This approval ensures that the terms and conditions of employment for the workers are legally compliant and appropriately balanced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established