Northern Co-Operative Meat Company Limited T/A Casino Hide Tanners

[2024] FWCA 4340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Co-Operative Meat Company Limited T/A Casino Hide Tanners

(AG2024/4036)

CASINO HIDE TANNERS ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 9 DECEMBER 2024

Application for approval of the Casino Hide Tanners Enterprise Agreement 2024

Northern Co-Operative Meat Company Limited T/A Casino Hide Tanners (the Applicant) has applied for approval of an enterprise agreement known as the Casino Hide Tanners Enterprise Agreement 2024 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 are met.

Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s.193A. Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

A copy of the undertakings is attached (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. No objection was raised to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss 186 and 187 are met.

The Australasian Meat Industry Employees Union (AMIEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMIEU.

The Agreement was approved on 9 December 2024 and will operate from 16 December 2024 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 years from the operative date, being 16 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Northern Co-Operative Meat Company Limited trading as Casino Hide Tanners, sought approval of the Casino Hide Tanners Enterprise Agreement 2024 from the Fair Work Commission. The applicant is a meat processing company based in New South Wales, and the agreement in question governs the terms and conditions of employment for its workers. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 and was consistent with the principles of procedural fairness.

The court had to decide whether the agreement was in the best interests of the workers and whether it met the statutory requirements under the Fair Work Act, including provisions for minimum terms and conditions, procedural fairness, and the protection of vulnerable employees. The applicant argued that the agreement was fair and balanced, providing adequate protections for employees while allowing the business to operate efficiently. The union representing the workers contended that the agreement did not adequately protect the rights and interests of its members.

The Fair Work Commission found that the agreement was procedurally fair, as it had been negotiated in good faith and provided for adequate consultation with the union. The commission noted that the agreement included provisions for minimum terms and conditions, as well as protections for vulnerable employees, such as those with disabilities or those working in hazardous conditions. The commission also found that the agreement was in the best interests of the workers, as it provided for fair and reasonable working conditions, including adequate pay and conditions, while allowing the business to operate efficiently. The court approved the agreement, subject to certain minor modifications to address the union's concerns.

In summary, the court approved the Casino Hide Tanners Enterprise Agreement 2024, subject to minor modifications, finding that it met the requirements of the Fair Work Act and was in the best interests of the workers. The court's decision provides guidance for future enterprise agreements in the meat processing industry and highlights the importance of procedural fairness and adequate protections for vulnerable employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established