Ryan Meat Company Pty Ltd
[2024] FWCA 4588
•19 DECEMBER 2024
| [2024] FWCA 4588 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ryan Meat Company Pty Ltd
(AG2024/4462)
RYAN MEAT GROUP PTY LTD AND THE AMIEU 2024 MEAT PROCESSING AGREEMENT
| Meat Industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 19 DECEMBER 2024 |
Application for approval of the Ryan Meat Group Pty Ltd and the AMIEU 2024 Meat Processing Agreement
Ryan Meat Company Pty Ltd has applied for approval of an enterprise agreement known as the Ryan Meat Group Pty Ltd and the AMIEU 2024 Meat Processing Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
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.
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.
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.
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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· 5.4.6
· 7.1.5
However, noting clause 1.4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2024. The nominal expiry date of the Agreement is 26 December 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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