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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Lobethal Abattoirs Pty Limited, trading as Lobethal Abattoirs (SA) Pty Limited, which applied for approval of the Thomas Foods International Lobethal Abattoir Production Employees Enterprise Agreement 2020. The application was heard in the Fair Work Commission. The primary dispute centred on the validity and fairness of the proposed enterprise agreement, which sought to regulate the employment terms and conditions of employees at the Lobethal abattoir.

The legal issues the court needed to address included whether the agreement was genuinely negotiated, whether it complied with the requirements of the Fair Work Act 2009, and whether it was in the best interests of the employees. The court also had to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it met the threshold criteria for being registered.

In examining the evidence presented, the court found that the enterprise agreement had been genuinely negotiated between the employer and the employees' representatives. It was noted that the agreement contained provisions for the payment of wages, entitlements, leave, and other employment conditions. The court assessed the fairness of these provisions and determined that they were reasonable and appropriate. Furthermore, the court concluded that the agreement met all the statutory requirements for registration and was in the best interests of the employees. Consequently, the application for approval was granted.

The court ordered that the Thomas Foods International Lobethal Abattoir Production Employees Enterprise Agreement 2020 be approved and registered. This decision means that the terms and conditions outlined in the agreement are now legally binding for the employees at Lobethal Abattoirs.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established