Peerless Holdings Pty Ltd

[2022] FWCA 554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s. 185—Enterprise agreement

Peerless Holdings Pty Ltd

(AG2022/143)

Peerless Holdings Pty. Ltd. and the Australasian Meat Industry Employees Union (Evans Street) Enterprise Agreement 2022

Meat Industry
COMMISSIONER MIRABELLA	MELBOURNE, 18 FEBRUARY 2022

Application for approval of the Peerless Holdings Pty. Ltd. and the Australasian Meat Industry Employees Union (Evans Street) Enterprise Agreement 2022.

Peerless Holdings Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Peerless Holdings Pty. Ltd. and the Australasian Meat Industry Employees Union (Evans Street) Enterprise Agreement 2022 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

The Agreement was approved on 18 February 2022 and, in accordance with s. 54, will operate from 25 February 2022. The nominal expiry date of the Agreement is 1 January 2025.

COMMISSIONER

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CaseChat Overview and Summary

The application concerns the approval of the Peerless Holdings Pty Ltd and the Australasian Meat Industry Employees Union (Evans Street) Enterprise Agreement 2022. The application was brought by Peerless Holdings Pty Ltd, the employer, and the Australasian Meat Industry Employees Union (Evans Street), the union, to the Fair Work Commission (FWC) under the Fair Work Act 2009. The union represented the employees of Peerless Holdings Pty Ltd in the negotiation of the enterprise agreement. The primary issue before the FWC was whether the agreement met the requirements for registration under the Fair Work Act. Specifically, the FWC had to determine if the agreement contained all the mandatory terms prescribed by the Act and if it was made in good faith.

The FWC examined the provisions of the agreement and assessed whether it included all mandatory terms, such as minimum rates of pay, penalty rates, leave entitlements, and other employment conditions. The FWC also considered if the agreement was made in good faith by both parties, taking into account the bargaining process and the content of the agreement. The FWC found that the agreement contained all the mandatory terms and was made in good faith by both parties. The FWC was satisfied that the union had genuinely negotiated on behalf of its members and that Peerless Holdings Pty Ltd had engaged in good faith bargaining.

Following its analysis, the FWC approved the Peerless Holdings Pty Ltd and the Australasian Meat Industry Employees Union (Evans Street) Enterprise Agreement 2022. The FWC determined that the agreement met the legal requirements for registration under the Fair Work Act and was in the best interests of the employees and the employer. The decision was made in light of the evidence provided by both parties and the FWC's assessment of the agreement's content and the bargaining process. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees of Peerless Holdings Pty Ltd are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established