DECISION

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

Shagay Pty Ltd T/A Western Meat Packers Group
(AG2018/5976)

WESTERN MEAT PACKERS (BEEF BONERS AND SLICERS) MEAT PROCESSING AGREEMENT 2018

Meat Industry
DEPUTY PRESIDENT BINET	PERTH, 5 FEBRUARY 2019

Application for approval of the Western Meat Packers (Beef Boners and Slicers) Meat Processing Agreement 2018.

[1] An application has been made by Shagay Pty Ltd T/A Western Meat Packers Group (Western Meat Packers) for approval of an enterprise agreement known as the Western Meat Packers (Beef Boners and Slicers) Meat Processing Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Negotiations for the Agreement commenced between Western Meat Packers and Australasian Meat Industry Employees Union (AMIEU) in early 2015. A draft agreement was put to the ballot in May 2018 but was overwhelmingly rejected.

[3] Between early 2015 and July 2018, AMIEU and Western Meat Packers met on numerous occasions in an effort to conclude an agreement using traditional positional negotiating techniques. This proved unsuccessful so, on 23 July 2018 the negotiating parties decided to take a different approach and made a joint application to the Fair Work Commission (FWC) seeking its assistance to conclude an agreement using the powers under s.576(2)(aa) of the Act.

[4] Pursuant to this power, I provided training to the negotiating parties on interest based bargaining techniques and then facilitated negotiations between the parties utilising these techniques.

[5] Despite the previous protracted positional negotiations, a team of employee bargaining representatives, an official of the AMIEU and management representatives worked collaboratively and, utilising interest based bargaining techniques, within two sessions developed an agreement endorsed by all the negotiating parties.

[6] The outcome of these negotiations was presented to the workforce at a ‘Town Hall Meeting’ held on 24 November 2017. The workforce subsequently endorsed the Agreement at a ballot conducted in December 2017.

[7] I am hopeful that the spirit in which this agreement was reached, consistent with the goal of the New Approaches initiative, leads to more efficient resolution of workplace disputes and consequently a reduction in the need for matters to be referred to the FWC during the life of the Agreement.

[8] Western Meat Packers 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.

[9] 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.

[10] The AMIEU 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.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 12 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Shagay Pty Ltd, trading as Western Meat Packers Group, applied to the Fair Work Commission for approval of the Western Meat Packers (Beef Boners and Slicers) Meat Processing Agreement 2018. The dispute involved the terms and conditions of employment for beef boners and slicers within the meat processing industry. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, protected the rights of employees, and whether it adhered to the procedural requirements for approval. The Commission had to consider the balance between the parties’ bargaining power and the fairness of the agreement's terms. The applicant argued that the agreement was necessary to address industry-specific challenges, while the respondent contended that it failed to adequately protect workers' rights.

The Fair Work Commission determined that the agreement was fair and met the statutory requirements for approval. The Commission found that the agreement was negotiated in good faith and included provisions that balanced the interests of both employers and employees. The terms provided adequate protections and were deemed reasonable in the circumstances. The Commission concluded that the procedural requirements for approval had been met, and the agreement was in the best interests of the workforce. The Commission approved the agreement, setting a precedent for similar agreements in the industry.

Shagay Pty Ltd T/A Western Meat Packers Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established