DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Co-operative Meat Company Ltd T/A Casino Hide Tanners
(AG2016/4375)

CASINO HIDE TANNERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Casino Hide Tanners Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Casino Hide Tanners 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 Casino Hide Tanners. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Voice NSW Branch 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.

[4] The Agreement was approved on 19 August 2016 and, in accordance with s.54, will operate from 26 August 2016. The nominal expiry date of the Agreement is 19 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Northern Co-operative Meat Company Ltd, trading as Casino Hide Tanners, and its employees. The dispute was about the approval of the Casino Hide Tanners Enterprise Agreement 2016. This case was heard in the Fair Work Commission of Australia.

The central legal issues the court needed to address were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The court examined if the agreement complied with the procedural requirements and if it contained terms that were fair and reasonable. The court also considered whether the agreement met the requirements for being a single interest employer agreement.

The court found that the agreement was a single interest employer agreement and was made in accordance with the procedural requirements of the Fair Work Act. The court was satisfied that the agreement contained fair and reasonable terms and conditions of employment. The court took into account the need for flexibility in the agreement to accommodate the unique nature of the business, which involved seasonal work and fluctuating demand. The court concluded that the agreement provided for appropriate safeguards for employees and met the requirements for approval.

As a result, the Fair Work Commission approved the Casino Hide Tanners Enterprise Agreement 2016. The agreement was deemed to be a lawful and valid enterprise agreement, providing for fair and reasonable terms and conditions of employment for the employees of the Northern Co-operative Meat Company Ltd.

Northern Co-operative Meat Company Ltd T/A Casino Hide Tanners

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established