Northern Co-Operative Meat Company Limited

[2019] FWCA 7524

[2019] FWCA 7524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Co-Operative Meat Company Limited
(AG2019/3609)

NORTHERN CO-OPERATIVE MEAT COMPANY LTD - CASSINO FOOD PROCESSING ENTERPRISE AGREEMENT 2019

Meat Industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the Northern Co-Operative Meat Company Ltd - Cassino Food Processing Enterprise Agreement 2019.

[1] Northern Co-Operative Meat Company Limited has applied for approval of a single enterprise agreement known as the Northern Co-Operative Meat Company Ltd - Cassino Food Processing Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided by the Applicant in relation to these concerns.

[3] The bargaining representative raised concerns that Level 1 and Level 2 Full Time Employees may not be better off overall under the Agreement as compared to the Meat Industry Award 2010 (the Award) in a scenario where the weekly incentive loading of 20% is not payable. The Applicant did not agree. Including with regard to the views of the bargaining representative and the further information provided by the Applicant, I am satisfied that employees at Levels 1 and 2 will be better off overall under the Agreement than if the Award applied to their employment.

[4] On the basis of the material contained in the application and further information provided on request of the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australasian Meat Industry Employees Union Newcastle and Northern Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 1 November 2019 and, in accordance with s.54, will operate from 8 November 2019. The nominal expiry date of the Agreement is 10 September 2023.

DEPUTY PRESIDENT

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