DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Co-Operative Meat Company Ltd T/A Booyong Service Processing
(AG2017/174)

NORTHERN CO-OPERATIVE MEAT COMPANY LTD - BOOYONG SERVICE PROCESSING ENTERPRISE AGREEMENT 2016

Meat Industry
COMMISSIONER GREGORY	MELBOURNE, 11 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Northern Co-Operative Meat Company Ltd - Booyong Service Processing Enterprise Agreement 2016 (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 T/A Booyong Service Processing. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2017. The nominal expiry date of the Agreement is 18 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Northern Co-Operative Meat Company Ltd, trading as Booyong Service Processing, applied for approval of the Enterprise Agreement 2016, which was subject to a dispute involving employees. The Fair Work Commission was the court that dealt with the application. The primary legal issues that the court had to resolve were whether the agreement met the requirements under the Fair Work Act 2009, including the need for procedural fairness in its negotiation, and whether it contained all the mandated terms and conditions.

The court examined whether the agreement was made in accordance with the procedural fairness requirements and whether it contained all the mandatory terms and conditions as stipulated by the Fair Work Act. It considered the evidence provided by both parties and the fairness of the negotiation process. The court also reviewed the specific terms of the agreement to ensure compliance with the legislative requirements.

The court concluded that the application for approval was valid, as the agreement was fairly negotiated and contained all the necessary terms and conditions. The court found that procedural fairness had been observed throughout the negotiation process and that the agreement met all legislative requirements. The decision was made in favour of approving the Enterprise Agreement 2016.

The final orders included the approval of the Enterprise Agreement 2016, subject to its registration with the Fair Work Commission. This meant that the agreement would be binding on the parties and would govern the employment conditions of the employees involved.

Northern Co-Operative Meat Company Ltd T/A Booyong Service Processing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established