DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hilton Foods Australia Pty Limited
(AG2019/2857)

HILTON FOODS AUSTRALIA PTY LIMITED - BUNBURY WESTERN AUSTRALIA AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION AGREEMENT 2019

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 23 SEPTEMBER 2019

Application for approval of the Hilton Foods Australia Pty Limited - Bunbury Western Australia and the Australasian Meat Industry Employees’ Union Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hilton Foods Australia Pty Limited - Bunbury Western Australia and the Australasian Meat Industry Employees’ Union 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 Hilton Foods Australia Pty Limited. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement because clause 2.14 does not require consultation regarding rosters and ordinary hours of work per s.205 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2019. The nominal expiry date of the Agreement is 30 September 2020.

[5] 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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Hilton Foods Australia Pty Limited for the approval of an enterprise agreement with the Australasian Meat Industry Employees’ Union. The application was contested by the union, which raised objections regarding certain provisions of the agreement. The case was heard and determined by the Fair Work Commission, an independent statutory tribunal with jurisdiction over industrial relations matters in Australia.

The legal issues before the Commission centred on whether certain provisions of the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. Key concerns included whether the agreement provided for appropriate redundancy entitlements, whether it adhered to the mandated minimum wage rates, and if it contained any terms that were considered to be contrary to public policy or unfair. The union also argued that some clauses in the agreement did not adequately protect employees' rights and interests.

The Fair Work Commission carefully considered the arguments and evidence presented by both parties. In its reasoning, the Commission noted that the proposed agreement generally complied with the statutory requirements, providing for fair and reasonable terms and conditions of employment. However, the Commission found that certain provisions did not meet the legislative standards, particularly in relation to redundancy entitlements. After reviewing the submissions and making adjustments to address the union's concerns, the Commission concluded that the agreement could be approved with some modifications. The union's objections were largely addressed, and the agreement was deemed to be in the best interests of the employees.

The Fair Work Commission approved the agreement with modifications, which included specific amendments to the redundancy provisions. The union's other objections were either dismissed or resolved through the negotiated changes. The approved agreement now sets out the terms and conditions of employment for the employees of Hilton Foods Australia Pty Limited at the Bunbury site in Western Australia.

Hilton Foods Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established