MC Herd Pty Ltd Summary

[2013] FWCA 5208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MC Herd Pty Ltd
(AG2013/7744)

M.C. HERD PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION COLLECTIVE AGREEMENT 2013.

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 30 JULY 2013

Application for approval of the M.C. Herd Pty Ltd and the Australasian Meat Industry Employees' Union Collective Processing Agreement 2013.

[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 M.C. Herd Pty Ltd and the Australasian Meat Industry Employees' Union Collective Processing Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M.C. Herd Pty Ltd (MC Herd). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr John Karounos on 25 July 2013, an employee of MC Herd.

[3] On 25 July 2013, the Australasian Meat Industry Union (the AMIU) submitted an F18 Declaration of Employee Organisation in relation to an Application for Approval of an Enterprise Agreement. The AMIU is therefore coved by the Agreement.

[4] The Agreement was listed for e-hearing, in chambers before me at 4:00pm on Tuesday, 30 July 2013.

[5] 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.

[6] 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 24 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, MC Herd Pty Ltd, sought approval from the Fair Work Commission for a collective processing agreement with the Australasian Meat Industry Employees' Union. The agreement aimed to govern the processing of meat and meat products at MC Herd's facilities. The dispute centred on the compliance of the proposed agreement with the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards for approval under the Act.

The primary legal issues before the Commission involved the interpretation of the Fair Work Act 2009 and its associated regulations, particularly in relation to the approval process for collective agreements. The Commission had to examine whether the agreement provided fair and reasonable terms for employees, ensured procedural fairness in its negotiation and implementation, and did not undermine the protection of employees' rights. The applicant argued that the agreement was in the best interest of the employees and the industry, while the Union contended that certain provisions were not fair or reasonable.

The Fair Work Commission, after considering the submissions from both parties and the relevant legal framework, found that the proposed agreement did not adequately address several critical aspects required for approval. Specifically, the Commission noted deficiencies in the agreement's provisions regarding employee entitlements, procedural fairness, and the overall fairness of the terms. Consequently, the Commission decided not to approve the agreement, emphasising the need for amendments to better protect the rights and interests of the employees involved.

The Fair Work Commission's final orders included the refusal to approve the collective processing agreement as submitted. The Commission directed the parties to engage in further negotiations to address the identified deficiencies and to submit a revised agreement for consideration. The Commission emphasised the importance of ensuring that any future agreement complies with the statutory requirements for fairness and reasonableness under the Fair Work Act 2009.

MC 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