Meramist Pty Ltd
[2024] FWCA 4276
•4 DECEMBER 2024
| [2024] FWCA 4276 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Meramist Pty Ltd
(AG2024/3777)
MERAMIST PTY LTD ENTERPRISE AGREEMENT 2024
| Meat Industry | |
| COMMISSIONER HUNT | BRISBANE, 4 DECEMBER 2024 |
Application for approval of the Meramist Pty Ltd Enterprise Agreement 2024
Meramist Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Meramist Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 11 October 2023 and the Agreement was made on 12 September 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.
The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australasian Meat Industry Employees Union (AMIEU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.
On 31 October 2024, the AMIEU raised concerned with the Employer’s proposed undertakings with respect to the voluntary additional hours clause in the Agreement. The AMIEU submitted that the undertaking proposed by the Employer would not necessarily guarantee that an employee who volunteers to work additional hours would receive at least the minimum payments applicable under the Meat Industry Award 2020 for those additional hours.
I listed the matter for a conference on 28 November 2024 to discuss the AMIEU’s concerns. During the conference, the Employer agreed to provide revised undertakings in relation to the voluntary additional hours clause. These undertakings were provided, and on 2 December 2024, the AMIEU advised that the revised undertakings met the AMIEU’s concerns.
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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.
I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The AMIEU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMIEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2024. The nominal expiry date of the Agreement is 4 December 2028.
COMMISSIONER
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Annexure A – Undertakings
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