Mackay Casings Pty Ltd

[2014] FWCA 6812

[2014] FWCA 6812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackay Casings Pty Ltd
(AG2014/7245)

MACKAY CASINGS PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION VICTORIAN MEAT PROCESSING AGREEMENT 2014

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 29 SEPTEMBER 2014

Application for approval of the Mackay Casings Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Mackay Casings Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2014 (the Agreement). The application has been made by Mackay Casings Pty Ltd (Mackay Casings). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Courtney Purcell of Mackay Casings on 25 August 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test as, compared to the Meat Industry Award 2010 (the Award); the Agreement appeared to reduce the additional shift allowance received by permanent night shift employees, without satisfactorily compensating employees affected by these provisions. I have accepted undertakings from Mackay Casings that the additional shift allowance received by permanent night shift employees will be at the same rate as in the Award. The undertaking is attached as Attachment A. I am satisfied that the undertaking meets the requirements prescribed by s.190 of the Act.

[4] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Monday, 29 September 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[5] The Australasian Meat Industry Employees Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation

[6] 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.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate from seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Attachment A:

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