Rivalea (Australia) Pty Ltd T/A Rivalea Summary

[2021] FWCA 6678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivalea (Australia) Pty Ltd T/A Rivalea
(AG2021/8008)

ENTERPRISE AGREEMENT RIVALEA (AUSTRALIA) PTY LTD MEAT PROCESSING - COROWA ABATTOIR 2021

Meat Industry
COMMISSIONER YILMAZ	MELBOURNE, 12 NOVEMBER 2021

Application for approval of the Enterprise Agreement Rivalea (Australia) Pty Ltd Meat Processing - Corowa Abattoir 2021

[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 2021 (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 T/A Rivalea. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 19(a)(vi), 29(a), 33(a) and 16(g) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 19 November 2021. The nominal expiry date of the Agreement is 1 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rivalea (Australia) Pty Ltd T/A Rivalea applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant sought to establish terms and conditions of employment for its employees at its Corowa Abattoir. The Commission was required to determine whether the agreement met the requirements under the Fair Work Act 2009, including whether it provided for the minimum terms and conditions, and whether it had been genuinely agreed upon by the parties. The applicant submitted that the agreement was fairly negotiated and contained all the necessary minimum terms. The respondents argued that certain provisions were not genuinely agreed upon and did not meet the minimum terms.

The Commission examined the evidence provided by both parties and considered whether the agreement had been fairly negotiated. The Commission also assessed whether the agreement provided for the minimum terms and conditions as required by the Fair Work Act. The Commission found that the agreement contained all the necessary minimum terms and that it had been genuinely agreed upon by the parties. The Commission approved the enterprise agreement, stating that it met the requirements under the Fair Work Act.

The Fair Work Commission approved the enterprise agreement, finding that it contained all the necessary minimum terms and was genuinely agreed upon by the parties. The Commission concluded that the agreement was fair and reasonable, and met the requirements under the Fair Work Act. The approval of the enterprise agreement is now effective, and the terms and conditions of employment for the employees at the Corowa Abattoir are governed by the agreement.

Rivalea (Australia) Pty Ltd T/A Rivalea

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established