R. Radford & Son Pty Ltd T/A Radfords

[2019] FWCA 653

[2019] FWCA 653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R. Radford & Son Pty Ltd T/A Radfords
(AG2018/3546)

RADFORDS AND AMIEU ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Radfords and AMIEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Radfords and AMIEU 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 R. Radford & Son Pty Ltd T/A Radfords. 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 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 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] I note that clause 29.10 of the Agreement makes provision for the employer to require the employee to reimburse the employer the costs of training paid for by the employer if these costs are incurred in the 24 months prior to the employee’s termination. Similarly, clause 29.7 allows the employer to deduct and retain an amount equal to the employee’s normal pay for the period of notice not given, if the employee fails to give the employer the required notice under clause 29.5. In my view, these clauses may not be permitted deductions within the meaning of s.324 of the Act, and pursuant to s.326 of the Act are likely to have no effect to the extent that they are not permitted deductions. However, notwithstanding my views on that, these are not matters to which I am to have regard in terms of whether or not the Agreement should be approved and do not represent a barrier to the approval of the Agreement.

[6] The Agreement was approved on 5 February 2019 and, in accordance with s.54, will operate from 12 February 2019. The nominal expiry date of the Agreement is 5 February 2023.

COMMISSIONER

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Annexure A