Meramist Pty Ltd

[2019] FWCA 7211

[2019] FWCA 7211

FAIR WORK COMMISSION

DECISION

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

Meramist Pty Ltd
(AG2019/2032)

MERAMIST PTY LTD ENTERPRISE AGREEMENT 2019

Meat Industry
COMMISSIONER SPENCER	BRISBANE, 18 OCTOBER 2019

Application for approval of the Meramist Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Meramist Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Meramist Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australasian Meat Industry Employees’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] Pursuant to s.202(4) of the Act, the model flexibility term and s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The AMIEU raised concerns that the Applicant had not taken all reasonable steps to inform employees of the voting time, place and method before the start of the access period. After exchanges of correspondence between my Chambers, the AMIEU and the Applicant, it was determined that 129 out of 130 employees were notified of the voting time, place and method, with 125 out of the 130 employees casting a valid vote. On this basis I am satisfied that all reasonable steps were taken to inform the employees of the vote, pursuant to s.180(3) of the Act.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2019. The nominal expiry date of the Agreement is 25 October 2023.

COMMISSIONER

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