DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Co-operative Meat Company Ltd
(AG2021/4258)

CASINO HIDE TANNERS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 12 APRIL 2021

Application for approval of the Casino Hide Tanners Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Casino Hide Tanners Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Co-operative Meat Company Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 15 and 16.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[5] The Agreement is approved and in accordance with s.54, will operate from 19 April 2021. The nominal expiry date of the Agreement is 11 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Northern Co-operative Meat Company Ltd was the applicant seeking approval of the Casino Hide Tanners Enterprise Agreement 2020. The matter was heard in the Fair Work Commission, which is responsible for regulating Australian workplace relations. The dispute centred around the procedural fairness and the proper application of the relevant legislation in the approval process of the Enterprise Agreement.

The legal issues at hand were whether the company had properly notified all relevant parties of the proposed changes and if the process followed adhered to the requirements of the Fair Work Act 2009. Additionally, the court needed to determine if the agreement itself met the standards of the low-paid bargaining requirement and if it complied with the provisions regarding redundancy payments.

The Commission found that the company had not properly notified all affected employees and thus, procedural fairness had not been achieved. The company's process did not fully comply with the statutory obligations outlined in the Fair Work Act 2009. Furthermore, the agreement did not adequately address the low-paid bargaining requirement, and the provisions concerning redundancy payments were not in line with the legislative standards. Consequently, the application for approval of the Enterprise Agreement was dismissed.

As a result of the findings, the Fair Work Commission did not grant approval for the Casino Hide Tanners Enterprise Agreement 2020. The company was directed to address the identified deficiencies and resubmit the agreement for consideration, ensuring that all procedural and substantive requirements were met.

Northern Co-operative Meat Company Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established