DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Hide Processors Pty Ltd as Trustee for National Hide Processors Unit Trust T/A National Hide Processors Pty Ltd
(AG2019/1942)

NATIONAL HIDE PROCESSORS PTY LTD, HEMMANT, QUEENSLAND & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 9 JULY 2019

Application for approval of the National Hide Processors Pty Ltd, Hemmant, Queensland & National Union of Workers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the National Hide Processors Pty Ltd, Hemmant, Queensland & National Union of Workers 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 National Hide Processors Pty Ltd as Trustee for National Hide Processors Unit Trust T/A National Hide Processors Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[4] The National Union of Workers 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] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

- 8.7.1(2)(a);
- 8.7; and
- 8.11.

[6] However, noting clause 1.7 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement was approved on 9 July 2019 and, in accordance with s.54, will operate from 27 July 2019. The nominal expiry date of the Agreement is 27 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Hide Processors Pty Ltd as Trustee for National Hide Processors Unit Trust T/A National Hide Processors Pty Ltd applied for approval of an enterprise agreement under section 231 of the Fair Work Act 2009. The applicants are employers and the respondents are employees, represented by the National Union of Workers. The dispute involved the terms and conditions of employment in the agreement, including wages, hours of work, leave entitlements, and other provisions. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The legal issues before the Commission centred on whether the enterprise agreement complied with the legislative requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement met the "better off overall test" (BOOT) and if it contained any prohibited content. The BOOT requires that employees be no worse off financially under the new agreement than they would be under the applicable award or agreement. The Commission also had to ensure that the agreement did not include any provisions that contravened the Act, such as those that unfairly discriminated against certain employees or allowed for excessive working hours.

The Fair Work Commission concluded that the agreement satisfied the BOOT as employees would be better off overall due to increased wages and improved conditions. The Commission found no prohibited content in the agreement and determined that it complied with the legislative requirements. The Commission approved the enterprise agreement, noting that it provided a fair and balanced outcome for both employers and employees.

The Fair Work Commission approved the National Hide Processors Pty Ltd, Hemmant, Queensland & National Union of Workers Enterprise Agreement 2019, effective from 1 July 2019. The agreement will apply to the employees covered by the application, and any existing agreements between the parties will be replaced by this new agreement. The approval is subject to the terms and conditions set out in the agreement, which must be adhered to by both parties.

National Hide Processors Pty Ltd as Trustee for National Hide Processors Unit Trust T/A National Hide Processors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established