DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivalea (Australia) Pty Ltd
(AG2020/7)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD MEAT PROCESSING - COROWA BONING ROOM 2019

Meat Industry
COMMISSIONER WILSON	MELBOURNE, 6 MARCH 2020

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd Meat Processing - Corowa Boning Room 2019.

[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 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rivalea (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2020. The nominal expiry date of the Agreement is 13 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Rivalea (Australia) Pty Ltd sought approval of an Enterprise Agreement for the Corowa Boning Room employees. The dispute revolved around the terms of the proposed agreement and whether it met the necessary requirements under the Fair Work Act 2009. The Commission was tasked with determining if the agreement provided for fair and reasonable terms of employment, as mandated by the Act. Key issues included the classification of employees, their hours of work, and the overall fairness of the proposed conditions.

The legal issues before the Commission included whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether the agreement had been genuinely negotiated. Additionally, the Commission had to consider whether the agreement complied with any relevant minimum standards set out in the National Employment Standards. The Commission also examined if the agreement provided for the fair and efficient resolution of workplace disputes.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely negotiated. The Commission was satisfied that the proposed agreement met the requirements of the Act and did not contravene any minimum standards. Furthermore, the Commission found that the agreement provided for the fair and efficient resolution of workplace disputes. Consequently, the Commission approved the Enterprise Agreement for the Corowa Boning Room employees.

The Fair Work Commission approved the Enterprise Agreement for the Corowa Boning Room employees, effective from the date of the decision. The approved agreement will now govern the terms and conditions of employment for the employees in the specified bargaining unit.

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