Rivalea (Australia) Pty Ltd

[2014] FWCA 9485

[2014] FWCA 9485

FAIR WORK COMMISSION

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

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Attachment A