DECISION

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

Northern Co-operative Meat Company Ltd
(AG2016/2767)

NORTHERN CO-OPERATIVE MEAT COMPANY LTD - CASSINO FOOD PROCESSING ENTERPRISE AGREEMENT 2016

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 26 MAY 2016

Application for approval of the Northern Co-Operative Meat Company Ltd - Cassino Food Processing Enterprise Agreement 2016.

[1] Northern Co-operative Meat Company Ltd applies for approval of an enterprise agreement known as the Northern Co-Operative Meat Company Ltd - Cassino Food Processing Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] On 26 May 2016 an undertaking was provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 2 June 2016. The nominal expiry date of the Agreement is 2 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Northern Co-operative Meat Company Ltd and concerns the approval of the Cassino Food Processing Enterprise Agreement 2016. The applicant, Northern Co-operative Meat Company Ltd, sought approval of the agreement from the Fair Work Commission. The respondent, represented by the Meat and Food Trades Union, opposed the application on the grounds that it did not meet the requirements for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issue before the court was whether the Cassino Food Processing Enterprise Agreement 2016 complied with the statutory requirements for approval under the Fair Work Act 2009. The respondent argued that the agreement did not meet the requirements as it did not address certain issues, including minimum wages and conditions, and did not adequately protect the rights of employees. The applicant, on the other hand, argued that the agreement was fair and reasonable and met all the statutory requirements for approval.

In reaching its decision, the Fair Work Commission considered the relevant provisions of the Fair Work Act 2009 and the evidence presented by both parties. The Commission found that the agreement did not adequately address certain issues, including minimum wages and conditions, and did not provide adequate protection for employees. The Commission also found that the agreement did not meet the requirements for approval under the Act. As a result, the application for approval of the Cassino Food Processing Enterprise Agreement 2016 was dismissed.

The Fair Work Commission ordered that the application for approval of the Cassino Food Processing Enterprise Agreement 2016 be dismissed and that the agreement not be approved under the Fair Work Act 2009. The Commission also ordered that the applicant take steps to ensure that the agreement met the statutory requirements for approval before seeking further approval.

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