Monbeef Pty Ltd Summary

[2022] FWCA 3092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monbeef Pty Ltd

(AG2022/3511)

Monbeef Pty Ltd Enterprise Agreement 2022

Meat Industry
DEPUTY PRESIDENT EASTON	SYDNEY, 6 SEPTEMBER 2022

Application for approval of the Monbeef Pty Ltd Enterprise Agreement 2022.

Monbeef Pty Ltd (the Employer) has made an application for the approval of the Monbeef Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2022. The nominal expiry date of the Agreement is 6 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monbeef Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Monbeef Pty Ltd Enterprise Agreement 2022. The application was contested by the Australian Manufacturing Workers’ Union (AMWU). The FWC was required to determine whether the agreement complied with the statutory requirements for approval under the Fair Work Act 2009 (Cth). The key issues before the Commission were whether the agreement satisfied the bargaining requirements and if it met the “better off overall test” (BOOT).

The FWC held that the agreement had been made through genuine bargaining as defined in section 228 of the Fair Work Act. The employer had demonstrated that it had engaged in good faith negotiations with the union over a period of time. The Commission also found that the agreement met the BOOT, as it provided for pay rates and conditions that were no worse than the relevant award and included provisions that were better than the award. The FWC further found that the agreement included appropriate dispute resolution provisions. Accordingly, the Commission approved the agreement.

The FWC made an order approving the Monbeef Pty Ltd Enterprise Agreement 2022, to be registered by the Registrar of the Fair Work Commission. The agreement was to take effect from 1 July 2022 and would remain in force until 30 June 2026, or until terminated in accordance with its provisions.

Monbeef Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established