Klipspringer Pty Ltd

[2013] FWCA 8909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klipspringer Pty Ltd
(AG2013/10913)

KLIPSPRINGER PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION VICTORIAN MEAT PROCESSING AGREEMENT 2013

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 12 NOVEMBER 2013

Application for approval of the Klipspringer Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of Agreement known as the Klipspringer Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2013(the Agreement). The application has been made by Klipspringer Pty Ltd (the Company). The Agreement is a single Enterprise Agreement.

[2] The application for approval of the Agreement was filed on 14 October 2013, by Mr Robert Jackson, General Manager for the Company.

[3] The Australasian Meat Industry Employees Union (AMIEU) filed an F18 Declaration of Employee Organisation in relation to the application for approval of an Enterprise Agreement. The AMIEU are therefore covered by the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate from 1 October 2013. The nominal expiry date of the Agreement is 30 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Klipspringer Pty Ltd, an employer, and the Australasian Meat Industry Employees' Union, a trade union, sought approval of the Klipspringer Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2013. The application was made to the Fair Work Commission. The primary issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions for employees. This involved scrutiny of the agreement's provisions concerning wages, hours of work, leave entitlements, and other employment conditions, to ensure they met the standards set out in the Fair Work Act 2009.

The Fair Work Commission undertook a detailed examination of the agreement's provisions, considering whether they provided for fair and reasonable terms and conditions. The Commission assessed whether the wages and other remuneration provisions were consistent with industry benchmarks, and if the agreement ensured fair treatment of employees with regard to hours of work, leave entitlements, and other employment conditions. The Commission also considered the impact of the agreement on employees' overall terms and conditions of employment, including the balance between flexibility and security.

After reviewing the agreement, the Fair Work Commission determined that the Klipspringer Pty Ltd and the Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 2013 provided for fair and reasonable terms and conditions. The Commission found that the agreement's provisions were consistent with industry benchmarks, and provided for fair treatment of employees with regard to wages, hours of work, leave entitlements, and other employment conditions. The Commission approved the agreement, subject to certain conditions, including a requirement for the parties to review the agreement within two years of the approval date.

The Fair Work Commission's decision to approve the agreement was subject to specific conditions. The Commission required the parties to review the agreement within two years of the approval date, to ensure that the agreement continued to provide for fair and reasonable terms and conditions for employees. The Commission also imposed certain reporting requirements on the parties, to ensure that the agreement was being implemented in accordance with its terms. The approval of the agreement provided certainty and stability to the employment relationship between the employer and the employees, and ensured that the employees received fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established