Rivalea (Australia) Pty Ltd

[2020] FWCA 3021

[2020] FWCA 3021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivalea (Australia) Pty Ltd
(AG2020/1231)

RIVALEA (AUSTRALIA) PTY LTD MEAT PROCESSING - NIGHT LOADOUT 2020

Meat Industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 JUNE 2020

Application for approval of the Rivalea (Australia) Pty Ltd Meat Processing - Night Loadout 2020.

[1] Rivalea (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Rivalea (Australia) Pty Ltd Meat Processing - Night Loadout 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.

[5] Noting clause 2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 10 June 2020 and, in accordance with s.54, will operate from 17 June 2020. The nominal expiry date of the Agreement is 10 June 2022.

DEPUTY PRESIDENT

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Annexure A