DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hirino Pty Ltd T/A Gundagai Meat Processors
(AG2021/6406)

GUNDAGAI MEAT PROCESSORS ENTERPRISE AGREEMENT 2021

Meat Industry
DEPUTY PRESIDENT DEAN	CANBERRA, 18 AUGUST 2021

Application for approval of the Gundagai Meat Processors Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Gundagai Meat Processors Enterprise Agreement 2021 (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 T/A Gundagai Meat Processors (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[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 25 August 2021. The nominal expiry date of the Agreement is 24 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Hirino Pty Ltd trading as Gundagai Meat Processors, the Federal Court was presented with an application for the approval of a new enterprise agreement. The application was lodged by the company, seeking the Fair Work Commission's endorsement of the Gundagai Meat Processors Enterprise Agreement 2021. This agreement was intended to regulate the terms and conditions of employment for the company's employees.

The central legal issues that the Court had to address included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of the procedural fairness in its creation and the substantive fairness of its terms. Specifically, the Court needed to determine if the agreement was made in accordance with the mandatory requirements of the Act, and if it met the criteria for being a "simple, fair, and efficient" agreement as outlined in the legislation. The Court also needed to consider if the agreement was made without any coercion, undue influence, or misrepresentation.

The Court examined the evidence provided, including the process by which the agreement was negotiated and the terms it contained. It found that the agreement was developed through a proper consultation process that involved genuine bargaining between the employer and the employees' representatives. The Court also noted that the agreement contained terms that were not detrimental to the employees and were in line with industry standards. Consequently, the Court was satisfied that the agreement was fair and met all the legal requirements for approval. The Court granted the application and approved the Gundagai Meat Processors Enterprise Agreement 2021.

The final orders of the Court were that the agreement be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the Court's approval and would govern the employment conditions of the company's employees until further notice. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be legally binding and enforceable.

Hirino Pty Ltd 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