Ryan Meat Company Pty Ltd

[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

ANNEXURE A

CaseChat Overview and Summary

The case involved Ryan Meat Company Pty Ltd, a meat processing business, and the Australian Meat Industry Employees Union (AMIEU). The dispute centred around the approval of the 2024 Meat Processing Agreement between the Ryan Meat Group Pty Ltd and the AMIEU. The Fair Work Commission was tasked with determining whether the agreement should be approved and registered.

The central legal issue was whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the criteria for being a single-enterprise agreement and whether it adhered to the requirements for good faith bargaining and other legislative provisions. The Commission also examined whether the agreement adequately protected the interests of employees and complied with the standards set by the Fair Work Act.

In its decision, the Fair Work Commission examined the proposed agreement's content, the process by which it was negotiated, and its implications for employees and employers. The Commission found that the agreement was a genuine single-enterprise agreement that had been negotiated in good faith. The Commission also concluded that the agreement was fair and reasonable and did not adversely affect the employees' terms and conditions of employment. Consequently, the Commission approved and registered the agreement.

The Commission's final order was the approval and registration of the 2024 Meat Processing Agreement between Ryan Meat Group Pty Ltd and the AMIEU. This decision provides clarity on the terms and conditions of employment for the employees of Ryan Meat Company Pty Ltd, ensuring that the agreement is in line with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established