DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackay Casings Pty Ltd
(AG2017/3032)

MACKAY CASINGS PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION VICTORIAN MEAT PROCESSING AGREEMENT 2017

Meat Industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Mackay Casings Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mackay Casings Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mackay Casings Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 31 October 2017 and, in accordance with s.54, will operate from 7 November 2017. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mackay Casings Pty Ltd and the Australasian Meat Industry Employees’ Union, through its Victorian branch, brought an application to the Fair Work Commission for the approval of the Mackay Casings Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2017. The application was contested by the Australian Manufacturing Workers' Union, which argued that the agreement should not be approved because it did not meet certain statutory requirements under the Fair Work Act 2009. The central legal issues for the Commission to decide were whether the agreement complied with the statutory requirements for approval and whether the Commission had the jurisdiction to approve the agreement in the first place.

The Commission first considered the jurisdictional issue and found that it had the authority to approve the agreement as it fell within the scope of the Fair Work Act. Turning to the merits of the application, the Commission examined the provisions of the agreement and concluded that it met all the necessary statutory requirements for approval. In particular, the agreement provided for a fair and reasonable resolution of the employees' terms and conditions of employment, and it did not contain any terms that were contrary to public policy or that undermined the fundamental principles of the industrial relations system. The Commission also noted that the agreement had been negotiated in good faith and that it reflected the genuine needs and interests of both parties. Based on these findings, the Commission approved the agreement and made the necessary orders to that effect.

Mackay Casings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established