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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rivalea (Australia) Pty Ltd sought approval for a meat processing plan concerning night loadout operations. The application was brought before the court by the company, aiming to secure authorisation for the proposed operations that were subject to certain environmental regulations. The legal issues central to this case revolved around whether the proposed night loadout operations complied with the relevant environmental standards and if the company had sufficiently addressed the environmental concerns raised by the respondents. The court had to assess whether the application met the criteria for approval under the applicable legislation, specifically focusing on the environmental impact assessments and the measures proposed to mitigate any adverse effects.

The court examined the evidence presented by Rivalea, including environmental impact statements and proposed mitigation strategies. It considered the potential impacts of the night loadout operations on the surrounding environment, including noise, odour, and any possible effects on local wildlife and communities. The respondents argued that the operations could lead to significant environmental degradation and that the proposed measures were insufficient. The court balanced these concerns against the economic and operational benefits that the proposed night loadout operations would bring to Rivalea. Ultimately, the court determined that the application complied with the necessary legislative requirements and that the proposed measures adequately addressed the environmental concerns.

In reaching its decision, the court concluded that the potential environmental impacts were manageable and that the proposed measures were reasonable and sufficient. The court approved the application, allowing Rivalea to proceed with the night loadout operations as outlined in the meat processing plan. The court's decision was grounded in the comprehensive evaluation of the environmental assessments and the proposed mitigation strategies. The approval granted by the court provided Rivalea with the necessary authorisation to carry out the operations, subject to compliance with the conditions set out in the decision.

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