Oakey Beef Exports Pty Ltd

[2020] FWCA 7021

[2020] FWCA 7021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oakey Beef Exports Pty Ltd
(AG2020/3629)

OAKEY BEEF EXPORTS PTY LTD MAINTENANCE ENTERPRISE AGREEMENT 2020

Meat Industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Oakey Beef Exports Pty Ltd Maintenance Enterprise Agreement 2020.

[1] Oakey Beef Exports Pty Ltd has applied for approval of a single enterprise agreement known as the Oakey Beef Exports Pty Ltd Maintenance Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[4] Noting clause 7.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and related materials, 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.

[6] The Construction, Forestry, Maritime, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 24 December 2020 and, in accordance with s.54, will operate from 31 December 2020. The nominal expiry date of the Agreement is 24 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509948  PR725797>