DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silliker Australia Pty Ltd
(AG2018/1692)

SILLIKER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Scientific services
COMMISSIONER JOHNS	SYDNEY, 26 OCTOBER 2018

Application for approval of the Silliker Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Silliker Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Silliker Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I note that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) raised an issue in relation to the undertaking provided by the Employer, specifically the wording in clause 13.4 of the undertaking and how public holiday work performed by shift workers prior to 6pm will be paid under the Agreement. Clause 13.4 of the undertaking specifically relates to work after 6pm and confirms that the public holiday rates in clause 18 are paid in substitution for shift allowances. Clause 18.6 of the Agreement provides that shift workers required to work on a public holiday are paid their normal ordinary hourly rate of pay (excluding shift allowance) plus time and one half the ordinary pay for the approved time in attendance. This clause also provides a minimum of four hours is paid. I am satisfied that clause 13.4 of the undertakings does not conflict with clause 18.6 of the Agreement. In either case, the minimum payment for any work performed on a public holiday by a shift worker (regardless of the time) is the normal ordinary hourly rate of pay (excluding shift allowance) plus time and one half of the ordinary hourly rate of pay.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2018. The nominal expiry date of the Agreement is 25 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Silliker Australia Pty Ltd was the subject of an application for the approval of an enterprise agreement, the Silliker Australia Pty Ltd Enterprise Agreement 2017. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers in the meat processing industry, specifically addressing issues such as wages, hours of work, and other employment conditions.

The key legal issues before the Commission were whether the agreement provided for the proper minimum terms, and whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act. The Commission had to consider whether the agreement met the criteria for approval, including whether it provided for the proper minimum terms, and whether the agreement had been made free from improper influence or interference. The Commission also needed to ensure that the agreement had been properly certified and that the necessary procedural steps had been followed.

In determining the application, the Commission examined the terms of the agreement and the process by which it had been made. The Commission found that the agreement provided for the proper minimum terms and that it had been made in accordance with the procedural requirements of the Fair Work Act. The Commission was satisfied that the agreement had been made free from improper influence or interference and that it had been properly certified. The Commission also found that the necessary procedural steps had been followed, including the provision of relevant information to the employees and the opportunity for them to vote on the agreement. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Silliker Australia Pty Ltd Enterprise Agreement 2017, finding that it met the requirements of the Fair Work Act. The Commission certified the agreement, which will now form the basis of the employment conditions for workers in the meat processing industry covered by the agreement.

Silliker Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established