M.C. Herd Pty Ltd Summary

[2021] FWCA 6406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M.C. Herd Pty Ltd
(AG2021/7618)

M.C HERD PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION COLLECTIVE AGREEMENT 2021

Meat Industry
COMMISSIONER MCKINNON	MELBOURNE, 25 OCTOBER 2021

Application for approval of the M.C Herd Pty Ltd and the Australasian Meat Industry Employees’ Union Collective Agreement 2021.

[1] M.C. Herd Pty Ltd has applied for approval of a single enterprise agreement known as the M.C Herd Pty Ltd and the Australasian Meat Industry Employees’ Union Collective Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 1 November 2021. The nominal expiry date of the Agreement is 15 September 2025.

[5] The Agreement covers the Australasian Meat Industry Employees Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the matter of M.C. Herd Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the 2021 Collective Agreement between M.C. Herd Pty Ltd and the Australasian Meat Industry Employees' Union. The application for approval came before the Commission following negotiations between the parties, which resulted in the proposed agreement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to pay rates, conditions of employment, and procedural fairness in the negotiation process.

The legal issues before the Commission included whether the agreement met the requirements of a good faith bargaining process, if the terms and conditions were fair and reasonable, and whether the agreement provided adequate protections for employees. Additionally, the Commission needed to consider if the agreement appropriately balanced the interests of both employers and employees, ensuring that it did not unduly disadvantage either party.

In delivering its decision, the Commission found that the agreement was the product of genuine negotiations between the parties, reflecting a fair and reasonable outcome for both employers and employees. The Commission noted that the agreement provided for adequate wage increases, reasonable working conditions, and included provisions for dispute resolution mechanisms. The Commission concluded that the agreement did not contain any provisions that would unduly disadvantage either party and was consistent with the principles of procedural fairness. Therefore, the Commission approved the 2021 Collective Agreement between M.C. Herd Pty Ltd and the Australasian Meat Industry Employees' Union.

M.C. Herd Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established