Northern Co-operative Meat Co Ltd T/A Cassino RSM Processing P/L

[2013] FWCA 9517

FAIR WORK COMMISSION

DECISION

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

Northern Co-operative Meat Co Ltd T/A Cassino RSM Processing P/L
(AG2013/11516)

NORTHERN CO-OPERATIVE MEAT COMPANY LTD - CASSINO RSM PROCESSING (BOOYONG) ENTERPRISE AGREEMENT 2013

Meat Industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 DECEMBER 2013

Application for approval of the Northern Co-Operative meat Company Ltd - Cassino RSM processing (Booyong) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Northern Co-Operative meat Company Ltd - Cassino RSM processing (Booyong) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[4] The Agreement is approved and will operate from 11 December 2013. The nominal expiry date of the Agreement is 10 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Northern Co-operative Meat Co Ltd trading as Cassino RSM Processing, sought approval of the Cassino RSM Processing (Booyong) Enterprise Agreement 2013. The applicant's request was opposed by the Australian Manufacturing Workers' Union, who contended that the agreement did not meet the statutory requirements for approval. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory provisions under the Fair Work Act 2009. Specifically, the opposition focused on whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriately certified as a simple or low-complexity agreement. The Commission also needed to determine if the applicant had adequately demonstrated the necessary support for the agreement among the employees.

The Commission found that the agreement was properly certified as a low-complexity agreement and was made in good faith. The Commission also determined that the agreement met the statutory requirements for fair and reasonable terms and conditions, and that the applicant had sufficiently demonstrated employee support. The opposition's arguments were not substantiated, and the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Cassino RSM Processing (Booyong) Enterprise Agreement 2013, finding it to be compliant with the statutory requirements. The applicant was authorised to proceed with implementing the agreement. The Commission's decision was based on its assessment that the agreement was appropriately certified, met the necessary standards for fair and reasonable terms and conditions, and had sufficient employee support.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established