DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meatpak Australia Pty Ltd T/A Holco Fine Meat Suppliers
(AG2016/6836)

HOLCO DARWIN ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 23 DECEMBER 2016

Application for approval of the Holco Darwin Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Holco Darwin Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Meatpak Australia Pty Ltd T/A Holco Fine Meat Suppliers.The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2016. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Meatpak Australia Pty Ltd trading as Holco Fine Meat Suppliers, applied to the Fair Work Commission for approval of the Holco Darwin Enterprise Agreement 2016. The applicant sought to have the agreement made on 16 June 2016 approved under section 234 of the Fair Work Act 2009. The application was made on the basis that the agreement was a single, independent choice agreement. The applicants argued that the agreement had been made in good faith, and that it contained the minimum terms and conditions of employment that the parties had agreed upon. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement was a genuine agreement made in good faith, whether it contained the minimum terms and conditions of employment agreed upon by the parties, and whether it complied with any other relevant requirements of the Act.

The Fair Work Commission found that the agreement met the criteria for approval. The Commission found that the agreement was a genuine agreement made in good faith, and that it contained the minimum terms and conditions of employment agreed upon by the parties. The Commission also found that the agreement complied with all relevant requirements of the Fair Work Act. In particular, the Commission found that the agreement was a single, independent choice agreement, and that it did not contain any terms that were contrary to public policy. The Commission approved the agreement under section 234 of the Fair Work Act, and the Holco Darwin Enterprise Agreement 2016 came into effect on 1 July 2016.

No further orders were sought or made by the Commission. The applicant's application for approval of the Holco Darwin Enterprise Agreement 2016 was successful, and the agreement was approved by the Fair Work Commission. The agreement now operates as a binding enterprise agreement under the Fair Work Act, and sets out the terms and conditions of employment for the relevant employees. The Commission's decision provides clarity and certainty for the parties, and ensures that the agreement is compliant with the requirements of the Act.

Meatpak Australia Pty Ltd T/A Holco Fine Meat Suppliers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established