Lobethal Abattoirs Pty Limited t/a Lobethal Abattoirs (SA) Pty Limited

[2020] FWCA 2556

[2020] FWCA 2556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lobethal Abattoirs Pty Limited t/a Lobethal Abattoirs (SA) Pty Limited
(AG2020/999)

THOMAS FOODS INTERNATIONAL LOBETHAL ABATTOIR PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2020

Meat Industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 MAY 2020

Application for approval of the Thomas Foods International Lobethal Abattoir Production Employees Enterprise Agreement 2020.

[1] Lobethal Abattoirs Pty Limited has applied for approval of a single enterprise agreement known as the Thomas Foods International Lobethal Abattoir Production Employees Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The union bargaining representative confirmed that the Undertakings resolved its concerns and that it supported the Undertakings. The individual employee bargaining representatives were invited to provide views and either supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[3] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and the Undertakings, 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 South & Western Australia Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 18 May 2020 and, in accordance with s.54, will operate from 25 May 2020. The nominal expiry date of the Agreement is 18 May 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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