Shagay Pty Ltd as Trustee for the Shagay Unit Trust

[2013] FWCA 2765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Shagay Pty Ltd as Trustee for the Shagay Unit Trust
(AG2013/6150)

WESTERN MEAT PACKERS (BEEF BONERS AND SLICERS) MEAT PROCESSING AGREEMENT 2013

Meat Industry
COMMISSIONER CLOGHAN	PERTH, 6 MAY 2013

Application for approval of the Western Meat Packers (Beef Boners and Slicers) Meat Processing Agreement 2013

[1] On 23 April 2013, Shagay Pty Ltd as trustee for the Shagay Unit Trust made application for approval of a single enterprise agreement to be known as the Western Meat Packers (Beef Boners and Slicers) Meat Processing Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 11 April 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australasian Meat Industry Employees Union (AMIEU) has declared that the AMIEU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AMIEU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AMIEU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 13 May 2013.

[7] The nominal expiry date of this Agreement is 12 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shagay Pty Ltd as Trustee for the Shagay Unit Trust applied to the Fair Work Commission for approval of the Western Meat Packers (Beef Boners and Slicers) Meat Processing Agreement 2013. The respondent to the application was the Australian Manufacturing Workers' Union. The dispute centred on the proposed terms of the enterprise agreement, particularly regarding wage rates and conditions for employees within the meat processing sector. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the criteria set out in the Fair Work Act for being a "single interest" enterprise agreement. Specifically, the Commission needed to assess if the agreement genuinely represented the interests of the employees, and if it met the requirements for "single interest" agreements. Additionally, the Commission considered whether the proposed agreement provided for adequate minimum rates of pay and conditions for employees, and if it contained any provisions that were contrary to the public interest.

In reaching its decision, the Commission examined the provisions of the proposed agreement and the submissions from both parties. The Commission found that the agreement was a genuine single interest enterprise agreement that met the requirements of the Fair Work Act. The Commission also determined that the agreement provided for adequate minimum rates of pay and conditions for employees, and that it did not contain any provisions that were contrary to the public interest. Consequently, the Commission approved the Western Meat Packers (Beef Boners and Slicers) Meat Processing Agreement 2013, subject to the specified conditions and commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established