DECISION

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

Northern Co-Operative Meat Company
(AG2020/2452)

NORTHERN CO-OPERATIVE MEAT COMPANY LTD - BOOYONG SERVICE PROCESSING ENTERPRISE AGREEMENT 2020

Meat Industry
DEPUTY PRESIDENT CROSS	SYDNEY, 13 OCTOBER 2020

Application for approval of the Northern Co-Operative Meat Company Ltd - Booyong Service Processing Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Northern Co-Operative Meat Company Ltd – Booyong Service Processing Enterprise Agreement 2020 (‘the Agreement’). The application was made by Northern Co-Operative Meat Company (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Meat Industry Employees Union (“the AMIEU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMIEU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 20 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Northern Co-Operative Meat Company Limited and its employees, represented by the Australian Manufacturing Workers Union. The dispute centred around the application for the approval of the Northern Co-Operative Meat Company Ltd - Booyong Service Processing Enterprise Agreement 2020. The application was brought to the Fair Work Commission under the Fair Work Act 2009 to ensure the agreement met the necessary legal standards and protected the rights of the employees.

The central legal issue that the Fair Work Commission had to address was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly focusing on whether the agreement provided for a fair and reasonable terms of employment. This included examining whether the agreement met the "better off overall test" (BOOT) and if it was free from any elements of undue coercion or pressure. The commission also had to determine if the agreement contained all the required minimum terms as stipulated by the Act.

In its decision, the Fair Work Commission undertook a detailed analysis of the agreement. It found that the agreement was free from any undue coercion and provided for a fair and reasonable terms of employment. The commission noted that the agreement included all the required minimum terms and met the BOOT, thereby ensuring that the employees would be no worse off and potentially better off overall compared to their previous conditions of employment. The commission also highlighted the procedural fairness in the way the agreement was developed and the engagement of the union in the process.

Following the analysis, the Fair Work Commission approved the Northern Co-Operative Meat Company Ltd - Booyong Service Processing Enterprise Agreement 2020, deeming it compliant with the Fair Work Act. The decision was made with the understanding that the agreement would protect the rights of the employees while also meeting the operational needs of the company.

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