DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Co-Operative Meat Company
(AG2020/3679)

NORTHERN CO-OPERATIVE MEAT COMPANY LTD MAINTENANCE AND SERVICES ENTERPRISE AGREEMENT 2019

Meat Industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 DECEMBER 2020

Application for approval of the Northern Co-Operative Meat Company Ltd Maintenance and Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Northern Co-Operative Meat Company Ltd Maintenance and Services Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Northern Co-Operative Meat Company (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 15 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

(a) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;

(b) Australian Manufacturing Workers’ Union (AMWU); and

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2020. The nominal expiry date of the Agreement is 11 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Northern Co-Operative Meat Company Ltd and its employees, with the primary dispute concerning the approval of the Maintenance and Services Enterprise Agreement 2019. The case was heard by the Fair Work Commission, an Australian independent statutory body with the authority to make and vary registered agreements, determinations, and orders in relation to workplace relations.

The legal issues before the Commission centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered. Specifically, the Commission had to determine if the agreement contained all the mandatory terms and conditions as outlined by the Act, and if it had been made in good faith and without any coercion. Additionally, the Commission had to assess if the agreement was fair and reasonable, taking into account various factors such as the nature of the work, the employees' needs, and the interests of the employer.

In examining the agreement, the Commission considered the provisions of the Fair Work Act 2009 and the principles of good faith bargaining. The Commission determined that the agreement was made in good faith and contained all the mandatory terms and conditions required by the Act. It was also found to be fair and reasonable, taking into account the specific circumstances of the employees and the employer. Therefore, the Commission approved the agreement and ordered that it be registered, effective from the date of the decision.

The Fair Work Commission's decision was that the Maintenance and Services Enterprise Agreement 2019 between the Northern Co-Operative Meat Company Ltd and its employees be approved and registered. The agreement was to remain in effect from the date of the decision, providing a framework for the terms and conditions of employment for the covered employees.

Northern Co-Operative Meat Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established