Mackay Casings Pty Ltd

[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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mackay Casings Pty Ltd recently faced an application for the approval of an industrial agreement with the Australasian Meat Industry Employees’ Union. The applicant, Mackay Casings, sought the court's approval of the Mackay Casings Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2014. The agreement sought to regulate the terms and conditions of employment for workers at Mackay Casings, a company operating in the meat processing industry in Victoria. The court was required to determine whether the agreement was fair and reasonable, in line with the criteria set out in the Fair Work Act 2009.

The legal issues before the court were primarily concerned with the fairness of the agreement in terms of its content and the process by which it was negotiated. Key considerations included whether the agreement provided for fair and reasonable wages and conditions, and whether it had been negotiated in good faith. The court had to assess the balance of rights and obligations between the employer and employees, ensuring the agreement did not unfairly disadvantage any party. Additionally, the court examined whether the agreement complied with relevant provisions of the Fair Work Act and adhered to any relevant awards or regulations.

In delivering its judgment, the court found that the agreement met the statutory criteria for approval. The court was satisfied that the agreement provided for fair and reasonable wages and conditions, and that it was negotiated in good faith. The terms of the agreement were deemed to balance the interests of both the employer and the employees appropriately. The court also confirmed that the agreement complied with all relevant legislative provisions and did not contravene any existing awards or regulations. As a result, the court approved the agreement, finding it to be fair and reasonable for the purposes of the Fair Work Act.

The court’s approval of the agreement means that it will now be binding on Mackay Casings and its employees who are covered by the agreement. This decision ensures that the terms and conditions of employment as outlined in the agreement are legally enforceable, providing certainty and stability for both the employer and the workforce. The final orders of the court were to approve the agreement in its entirety, with the specific terms and conditions as negotiated between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established