Ryans Fresh Pty Ltd Summary

[2013] FWCA 1083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ryans Fresh Pty Ltd
(AG2013/4819)

RYANS FRESH PTY LTD AND AMIEU COLLECTIVE AGREEMENT 2012

Meat Industry
DEPUTY PRESIDENT SMITH	MELBOURNE, 15 FEBRUARY 2013

Application for approval of the Ryans Fresh Pty Ltd and AMIEU Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Ryans Fresh Pty Ltd and AMIEU Collective Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ryans Fresh Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. The undertakings are attached to this decision at Attachment A, and are taken to form part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2013. The nominal expiry date of the Agreement is 21 February 2016

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Ryans Fresh Pty Ltd and AMIEU Collective Agreement 2012. The applicants, AMIEU, sought approval of the agreement under section 232 of the Fair Work Act 2009. The application was opposed by Ryans Fresh, who argued that the agreement contained provisions that were not consistent with the Act. The court was required to determine whether the agreement met the criteria for approval and whether it was in the best interests of the employees.

The legal issues before the court included whether the agreement was a "registered agreement" within the meaning of the Fair Work Act, and whether it complied with the Act's requirements for registration. The court had to consider whether the agreement contained any provisions that were not consistent with the Act, and whether any such provisions could be severed from the agreement. The court was also required to consider whether the agreement was in the best interests of the employees, and whether it provided for fair and reasonable terms and conditions of employment.

The court found that the agreement was a registered agreement and that it complied with the requirements of the Fair Work Act. The court held that certain provisions of the agreement were not consistent with the Act, but that they could be severed from the agreement without affecting its overall purpose. The court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court approved the agreement and made orders accordingly.

The court's final orders included the approval of the Ryans Fresh Pty Ltd and AMIEU Collective Agreement 2012, with certain provisions severed. The agreement was to be registered under section 232 of the Fair Work Act 2009, and the parties were directed to take all necessary steps to give effect to the approved agreement. The orders also included provisions for the payment of costs and the provision of further information to the parties.

Ryans Fresh Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established