DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hirino Pty Ltd ATF Barton Unit Trust t/a Gundagai Meat Processors
(AG2016/469)

GUNDAGAI MEAT PROCESSORS MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 31 MARCH 2016

Application for approval of the Gundagai Meat Processors Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gundagai Meat Processors Maintenance Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hirino Pty Ltd ATF Barton Unit Trust t/a Gundagai Meat Processors. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] The Agreement was approved on 31 March 2016 and, in accordance with s.54, will operate from 7 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hirino Pty Ltd ATF Barton Unit Trust trading as Gundagai Meat Processors, sought approval of the Gundagai Meat Processors Maintenance Enterprise Agreement 2016 under the Fair Work Act 2009. The dispute involved whether the agreement was fit for purpose and met the criteria set out in the legislation for its approval. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement provided a safety net of minimum fair terms and conditions for employees and, if so, whether it met the requirements for registration. The applicant argued that the agreement was fair and reasonable and provided for adequate terms and conditions, while the objectors contended that the agreement did not meet the legislative standards and failed to protect the employees' interests. The Commission had to consider the evidence presented by both parties and assess whether the agreement met the statutory criteria for approval.

The Fair Work Commission determined that the agreement provided a safety net of minimum fair terms and conditions and was fit for registration. The Commission found that the agreement covered all relevant employees and provided for fair and reasonable terms and conditions, including wages, leave entitlements, and other employment-related matters. The Commission also considered the evidence presented by the objectors and found that their concerns did not outweigh the benefits of the agreement for the employees. The application for approval of the Gundagai Meat Processors Maintenance Enterprise Agreement 2016 was therefore granted.

The Fair Work Commission approved the Gundagai Meat Processors Maintenance Enterprise Agreement 2016 and ordered its registration under the Fair Work Act 2009. The applicant was directed to take all necessary steps to give effect to the agreement and ensure its implementation in accordance with the terms and conditions set out in the agreement. The objectors' concerns were not sufficient to prevent the registration of the agreement, and the Commission found that the agreement was in the best interests of the employees and met the statutory criteria for approval.

Hirino Pty Ltd ATF Barton Unit Trust t/a Gundagai Meat Processors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established