DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Retail Ready Operations Australia Pty Ltd T/A Retail Ready Operations Australia
(AG2018/5239)

RETAIL READY OPERATIONS MEAT PROCESSING AGREEMENT 2018

Meat Industry
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Retail Ready Operations Meat Processing Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Retail Ready Operations Meat Processing 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 Retail Ready Operations Australia Pty Ltd T/A Retail Ready Operations Australia. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australasian Meat Industry Employees Union, and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 4 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Retail Ready Operations Australia Pty Ltd, trading as Retail Ready Operations Australia, applied for approval of the Retail Ready Operations Meat Processing Agreement 2018. The applicant sought this approval under the Fair Work Act 2009, with the application being heard in the Federal Circuit Court of Australia. The dispute centred on whether the proposed agreement met the legal requirements for approval, including whether it provided for fair terms and conditions for employees and whether it complied with the provisions of the Act.

The court had to decide several legal issues, primarily focusing on whether the agreement complied with the formal requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions. The court also examined whether the agreement had been appropriately negotiated and if it provided for adequate protections for employees, including provisions for minimum wage rates, penalty rates, leave entitlements, and other conditions of employment.

In its reasoning, the court meticulously reviewed the terms of the proposed agreement, considering both the legal requirements and the practical implications for employees. The court found that the agreement contained terms that were not in accordance with the Act, particularly in relation to penalty rates and leave entitlements. The court held that these provisions did not provide fair and reasonable terms for employees, and therefore, the application for approval could not be granted. The court's decision was based on a detailed analysis of the specific provisions of the agreement and their alignment with the statutory requirements.

As a result of the court's decision, the application for approval of the Retail Ready Operations Meat Processing Agreement 2018 was dismissed. The court did not grant approval for the agreement, citing its failure to meet the necessary standards for fair and reasonable terms and conditions as prescribed by the Fair Work Act.

Retail Ready Operations Australia Pty Ltd T/A Retail Ready Operations Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established