DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Co-Operative Meat Company Ltd
(AG2017/3693)

NORTHERN CO-OPERATIVE MEAT COMPANY LTD MAINTENANCE AND SERVICES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Northern Co-Operative Meat Company Ltd Maintenance and Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Northern Co-Operative Meat Company Ltd Maintenance and Services Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Construction, Forestry, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 7 December 2017. The nominal expiry date of the Agreement is 11 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Northern Co-Operative Meat Company Ltd sought approval of the Maintenance and Services Enterprise Agreement 2017. The application was brought before the Fair Work Commission, as per the Fair Work Act 2009. The matter involved an enterprise agreement between the employer and the employees, seeking to formalise terms and conditions of employment. The primary issue before the court was whether the agreement met the requirements for a Modern Award under the Fair Work Act 2009. This included assessing if the agreement provided minimum terms and conditions of employment, including rates of pay, leave entitlements, and other benefits that were not less favourable than those provided for in the relevant Modern Award.

The Fair Work Commission examined whether the agreement satisfied the requirements under the Fair Work Act, specifically if it was free from any prohibited content, was made in good faith, and whether it was properly certified. The Commission also considered if the agreement provided for the proper protection of employees, including minimum wages, leave entitlements, and other conditions that were at least equivalent to the relevant Modern Award. Additionally, the Commission assessed whether the agreement had been properly negotiated and if the certification process was properly conducted.

The Fair Work Commission found that the Northern Co-Operative Meat Company Ltd Maintenance and Services Enterprise Agreement 2017 met all the statutory requirements for approval. The agreement provided for minimum terms and conditions that were not less favourable than those in the relevant Modern Award. The Commission was satisfied that the agreement was free from prohibited content, had been negotiated in good faith, and the certification process was properly followed. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission made an order approving the Northern Co-Operative Meat Company Ltd Maintenance and Services Enterprise Agreement 2017, effective from the date of the decision. The approval ensures that the terms and conditions of employment set out in the agreement are legally binding on the parties involved.

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