Oakey Beef Exports Pty Ltd
[2024] FWCA 602
•15 FEBRUARY 2024
| [2024] FWCA 602 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Oakey Beef Exports Pty Ltd
(AG2024/37)
OAKEY BEEF EXPORTS PTY LTD ENTERPRISE AGREEMENT 2023
| Meat Industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 15 FEBRUARY 2024 |
Application for approval of the Oakey Beef Exports Pty Ltd Enterprise Agreement 2023
Oakey Beef Exports Pty Ltd applies under s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Oakey Beef Exports Pty Ltd Enterprise Agreement 2023 (Agreement).
The employer 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. The undertakings are taken to be a term of the Agreement.
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.
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.
Clause 44.3.3.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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.
The Australian Meat Industry Employees Union (AMIEU), 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.
The employer states that the Agreement was made on 18 December 2023 in its Form F17. The employer lodged the Agreement more than 14 days after the Agreement was made. The employer provided reasons for late lodgement in its Form F16. The AMIEU stated it had no objection to an extension for late lodgement being made in its Form F18. Time within which the application for approval of the Agreement must be lodged is extended to 5 January 2024.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 22 February 2024. The nominal expiry date of the Agreement is 22 February 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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