DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivalea (Australia) Pty Ltd
(AG2017/6005)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD MEAT PROCESSING – COROWA ABATTOIR 2017

Meat Industry
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2018

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd Meat Processing – Corowa Abattoir 2017.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Rivalea (Australia) Pty Ltd Meat Processing – Corowa Abattoir 2017 (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 Applicant 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.

[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 23 January 2018. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Rivalea (Australia) Pty Ltd, sought approval of an Enterprise Agreement for its meat processing workers at the Corowa Abattoir. The applicant argued that the proposed agreement would improve workplace conditions and efficiency, while the respondent, the Meat & Food Workers Union of Australia, opposed the application on several grounds, including that the proposed agreement did not provide adequate protections for employees. The legal issues before the Commission included whether the proposed agreement met the formal requirements for registration under the Fair Work Act 2009 and whether it provided appropriate protections for employees. The Commission considered the provisions of the proposed agreement, the submissions of the parties, and relevant precedents.

The Commission found that the proposed agreement met the formal requirements for registration and provided appropriate protections for employees. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms, which were consistent with the Fair Work Act. The Commission also found that the proposed agreement provided appropriate protections for employees, including provisions for occupational health and safety, and consultation with employees on changes to workplace practices. The Commission rejected the respondent's arguments that the proposed agreement did not provide adequate protections for employees, finding that the agreement provided appropriate safeguards for workers' rights and interests.

Accordingly, the Commission approved the proposed Enterprise Agreement, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of registration. The Commission also ordered that the applicant provide certain information to employees about the agreement and that the agreement include a provision for review after two years. The Commission's decision provides guidance on the requirements for approving Enterprise Agreements and the importance of providing appropriate protections for employees in such agreements.

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