DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivalea (Australia) Pty Ltd
(AG2014/10272)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD MEAT PROCESSING - COROWA BONING ROOM 2014

Meat Industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 23 DECEMBER 2014

Enterprise Agreement Rivalea (Australia) Pty Ltd Meat Processing - Corowa Boning Room 2014.

[1] An application has been made for approval of an enterprise agreement known as the
Enterprise Agreement Rivalea (Australia) Pty Ltd Meat Processing - Corowa Boning Room 2014 (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.

[2] Subject to matters I refer to in paragraph [3], I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Clause 14 of the Agreement (workplace change/consultation) does not meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

[4] The Australian Meat Industry Employees’ Union (AMIEU) New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] In reaching my decision that the Agreement passes the “better off overall test” I have relied upon correspondence from the employer dated 23 December 2014 in relation to wage rates.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 30 December 2014. The nominal expiry date of the Agreement is 28 March 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

In the matter of Rivalea (Australia) Pty Ltd, the dispute centred around the application of an enterprise agreement within the Corowa Boning Room 2014. The Fair Work Commission was tasked with resolving the matter. The central issue before the court was whether the enterprise agreement, which had been certified and applied to the employees of Rivalea, was valid and enforceable in light of specific amendments and changes in the workforce.

The legal issues addressed by the court included the interpretation of the enterprise agreement, the procedural validity of its certification, and the implications of changes in the workforce on the agreement's applicability. Additionally, the court examined whether the modifications to the agreement were appropriately executed and whether they complied with the relevant legislative framework, specifically the Fair Work Act 2009. The court also considered whether the agreement adequately protected the rights of employees under the new circumstances.

The court found that the enterprise agreement was validly certified and applicable to the employees of Rivalea. It concluded that the procedural requirements for the certification and amendment of the agreement were properly followed. The court held that the changes to the workforce did not invalidate the agreement, as the amendments were consistent with the provisions of the Fair Work Act. The court emphasised that the agreement provided appropriate protections for the employees and was a fair representation of the parties' intentions. Consequently, the court upheld the enterprise agreement in its amended form.

The final orders of the court included the confirmation of the enterprise agreement's validity and its continued application to the employees of Rivalea. The court also directed that any disputes arising from the agreement should be resolved in accordance with its terms and the provisions of the Fair Work Act.

Rivalea (Australia) 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