DECISION

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

Southern Meats Pty Ltd
(AG2019/279)

SOUTHERN MEATS PTY LTD ENTERPRISE AGREEMENT 2018

Meat Industry
COMMISSIONER RIORDAN	SYDNEY, 14 JUNE 2019

Application for approval of the Southern Meats Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Southern Meats Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Meats Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employee’s Union NSW Branch (AMIEU) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 11 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2023.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Meats Pty Ltd, a meat processing company, sought approval of an enterprise agreement it had entered into with its employees. The application was brought before the Fair Work Commission to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The employees, represented by a union, raised concerns regarding certain provisions of the agreement which they argued did not adequately protect employee rights and conditions. The company argued that the agreement was fair and met all legal requirements.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the procedural requirements set out in the Act. Specifically, the Commission needed to assess if the agreement was made in good faith, if it contained the prescribed minimum terms, and if the appropriate consultation processes were followed. The company's submissions focused on the reasonableness of the terms and the procedural fairness of the bargaining process, while the employees’ representatives emphasised the need for stronger protections in the agreement.

The Fair Work Commission found that while the majority of the agreement's terms were fair and reasonable, certain provisions did not adequately safeguard employee entitlements and conditions. The Commission determined that these provisions were not in good faith and did not meet the prescribed minimum standards. Furthermore, the Commission identified deficiencies in the consultation process, which did not comply with the procedural requirements. Consequently, the application for approval was dismissed.

The Commission ordered that the agreement be returned to the parties for amendment to address the identified deficiencies. The company was directed to engage in further consultation with the employees' representatives to ensure that the revised agreement met all legal requirements and adequately protected employee rights. The Commission emphasised the importance of fair and transparent bargaining processes and the necessity for agreements to reflect the principles of good faith and fairness.

Southern Meats 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