DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ryan Meat Company (No 2) Pty Ltd A/T/F Ryan Meat Trust T/A Ryan Meat Company Pty Ltd
(AG2018/591)

RYAN MEAT COMPANY PTY LTD AND THE AMIEU 2018 MEAT PROCESSING AGREEMENT

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 JUNE 2018

Application for approval of the Ryan Meat Company Pty Ltd and the AMIEU 2018 Meat Processing Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Ryan Meat Company Pty Ltd and the AMIEU 2018 Meat Processing Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ryan Meat Company (No 2) Pty Ltd A/T/F Ryan Meat Trust trading as Ryan Meat Company 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 7 June 2018 and, in accordance with s.54, will operate from 14 June 2018. The nominal expiry date of the Agreement is 13 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ryan Meat Company (No 2) Pty Ltd A/T/F Ryan Meat Trust T/A Ryan Meat Company Pty Ltd was the applicant in a matter before the Fair Work Commission. The applicant sought approval for the Ryan Meat Processing Agreement 2018 under the Fair Work Act 2009. The dispute involved the application for approval of a registered agreement between the Ryan Meat Company Pty Ltd and the Australian Meat Industry Employees Union (AMIEU). The agreement in question was the Ryan Meat Processing Agreement 2018, which the parties sought to have registered and approved by the Commission.

The primary legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act 2009 and whether it complied with the relevant provisions of the Act and the Fair Work Regulations 2009. The Commission also had to determine whether the agreement was in the best interests of the employees covered by it, considering the balance of rights and obligations, and whether it contained appropriate mechanisms for dispute resolution. Additionally, the Commission assessed whether the agreement adhered to the principles of good faith bargaining and whether it was made without any improper conduct.

In reaching its decision, the Commission carefully examined the terms and conditions of the Ryan Meat Processing Agreement 2018, considering the submissions from both the applicant and the respondent. The Commission found that the agreement satisfied the statutory requirements for registration and was in the best interests of the employees. The Commission determined that the agreement provided for a fair balance of rights and obligations, contained adequate dispute resolution mechanisms, and was made in accordance with the principles of good faith bargaining. Consequently, the Commission approved the agreement and registered it under the Fair Work Act 2009.

The Fair Work Commission approved the Ryan Meat Processing Agreement 2018 and registered it under the Fair Work Act 2009. This decision was based on the conclusion that the agreement met all statutory requirements for registration, was in the best interests of the employees, and complied with the principles of good faith bargaining. The registration of the agreement ensures that it is legally binding and enforceable for the parties involved.

Ryan Meat Company (No 2) Pty Ltd A/T/F Ryan Meat Trust T/A Ryan Meat Company 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