Oakey Beef Exports T/A Oakey Beef Exports

[2024] FWCA 2508

[2024] FWCA 2508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oakey Beef Exports T/A Oakey Beef Exports

(AG2024/2077)

OAKEY BEEF EXPORTS PTY LTD MAINTENANCE ENTERPRISE AGREEMENT 2024

Meat Industry
COMMISSIONER HUNT	BRISBANE, 5 JULY 2024

Application for approval of the Oakey Beef Exports Pty Ltd Maintenance Enterprise Agreement 2024

1. Oakey Beef Exports T/A Oakey Beef Exports (the Employer) has applied for approval of an enterprise agreement known as Oakey Beef Exports Pty Ltd Maintenance Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement. 

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 September 2023 and the Agreement was made on 3 June 2024. Accordingly, the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertaking. A copy of the undertaking is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertaking, allowing a period of two business days from receipt of the undertaking to provide views. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) informed my chambers that it is supportive of the undertaking.  

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertaking. In accordance with s.201(3) of the Act, I note that the undertaking are taken to be a term of the Agreement.

1. I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 of the Fair Work Regulations 2009 is attached to the Agreement and is taken to be a term of it.

1. I have taken into consideration the material filed in the Commission. Subject to the undertaking 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The CEPU, AMWU and Construction, Forestry and Maritime Employees Union (CFMEU) being bargaining representatives for the Agreement have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU, AMWU and CFMEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2024. The nominal expiry date of the Agreement is 5 July 2027.

COMMISSIONER

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Annexure A – Undertaking