DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oakey Beef Exports Pty Ltd
(AG2018/7015)

OAKEY BEEF EXPORTS PTY LTD ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER YILMAZ	MELBOURNE, 21 JUNE 2019

Application for approval of the Oakey Beef Exports Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Oakey Beef Exports Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oakey Beef Exports Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 28 June 2019. The nominal expiry date of the Agreement is 21 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Oakey Beef Exports Pty Ltd applied to the Fair Work Commission for approval of its 2018 Enterprise Agreement. The agreement proposed several amendments to the terms and conditions of employment for its workers. The dispute arose as some worker representatives contested the proposed changes, arguing they were unfair and did not provide adequate protections for employees.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether the changes were procedurally and substantively fair. The Commission needed to determine if the agreement provided for the proper payment of wages and conditions, and if it allowed for fair negotiation and consultation processes. The fairness of the agreement was evaluated based on its provisions, the process through which it was negotiated, and its overall impact on the employees.

The Commission found that the proposed agreement did meet the statutory requirements and was both procedurally and substantively fair. The agreement provided for proper wages and conditions, and the negotiation process was deemed to be fair and in good faith. The Commission was satisfied that the agreement did not unjustifiably worsen the employees' terms and conditions of employment and that it allowed for meaningful consultation. Consequently, the Commission approved the Enterprise Agreement.

The final orders of the Commission were that the Oakey Beef Exports Pty Ltd Enterprise Agreement 2018 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the Commission's decision and would be binding on all parties involved.

Oakey Beef Exports Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established