Rivalea (Australia) Pty Ltd

[2014] FWCA 5191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivalea (Australia) Pty Ltd
(AG2014/1859)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD MEAT PROCESSING - NIGHT LOADOUT 2014

Meat Industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 1 AUGUST 2014

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd Meat Processing - Night Loadout 2014.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Rivalea (Australia) Pty Ltd Meat Processing - Night Loadout 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Agreement is approved and will operate from 8 August 2014. The nominal expiry date of the Agreement is 28 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicants, the Australian Manufacturing Workers' Union and Rivalea (Australia) Pty Ltd, applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement was titled the "Rivela (Australia) Pty Ltd Meat Processing - Night Loadout 2014". The application was made under section 231 of the Fair Work Act 2009. The union represented employees who were engaged in the meat processing industry. The employer operated a meat processing facility. The dispute was centred on the terms and conditions of employment for employees working night shift loads.

The central legal issue before the Commission was whether the enterprise agreement met the "better off overall test" (BOOT) as outlined in section 230 of the Fair Work Act 2009. The BOOT requires that, in the view of the Commission, the employees would be no worse off and at least some employees would be better off financially under the proposed agreement compared to the applicable award or registered agreement. The Commission also had to consider whether the agreement provided for procedural fairness and met the requirements of good faith bargaining. Another issue was whether the agreement complied with the provisions of the Fair Work Act 2009.

The Commission determined that the enterprise agreement was compliant with the BOOT, finding that employees would be no worse off and some would be better off financially. The agreement provided for procedural fairness and was the product of good faith bargaining. The Commission also found that the agreement met the requirements of the Fair Work Act 2009. The Commission noted the specific provisions for the night shift load, which provided for additional pay and other benefits, as well as provisions for rest breaks and rostering. The Commission was satisfied that these provisions met the requirements of the Act and the BOOT. The Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement, finding that it met the requirements of the Fair Work Act 2009 and the better off overall test. The agreement provided for procedural fairness, good faith bargaining, and met the specific requirements for night shift loads. The Commission found that employees would be no worse off and some would be better off financially under the agreement. The enterprise agreement was approved and will now apply to the employees of the meat processing facility.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established