DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hilton Foods Australia Pty Limited
(AG2019/15)

HILTON FOODS AUSTRALIA PTY LIMITED TRUGANINA VICTORIA AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION AGREEMENT 2018

Meat Industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 MAY 2019

Application for approval of the Hilton Foods Australia Pty Limited Truganina Victoria Australia and The Australasian Meat Industry Employees’ Union Agreement 2018.

[1] Hilton Foods Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as Hilton Foods Australia Pty Limited Truganina Victoria and the Australasian Meat Industry Employees’ Union Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, accompanying statutory declaration, and the further material provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 8 May 2019 and, in accordance with s 54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 22 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hilton Foods Australia Pty Limited sought approval of an enterprise agreement with the Australasian Meat Industry Employees’ Union. The application was made under the Fair Work Act 2009. Hilton Foods Australia, an employer in the meat processing industry, had negotiated an agreement with its employees represented by the Union. The proposed agreement contained various terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it had been genuinely negotiated. The Commission had to consider if the agreement met the "better off overall test" and whether it contained any prohibited content, such as terms that would undermine the operation of the safety net of minimum terms and conditions. Additionally, the Commission had to be satisfied that the agreement had been made in good faith and without any coercion or undue influence.

The Commission found that the agreement complied with the statutory requirements and had been genuinely negotiated. The proposed terms and conditions were considered to be better than the applicable award and met the better off overall test. The Commission also determined that the agreement did not contain any prohibited content and had been made without any coercion or undue influence. As a result, the Commission approved the agreement.

Hilton Foods Australia Pty Limited and The Australasian Meat Industry Employees’ Union Agreement 2018 was approved by the Fair Work Commission. The agreement was to be registered and would apply to employees of Hilton Foods Australia Pty Limited in Truganina, Victoria, Australia, as of the effective date specified in the agreement. The approval of the agreement ensures that the terms and conditions of employment are legally binding and enforceable for both parties.

Hilton Foods Australia Pty Limited

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established