Southern Select Beef Pty Ltd

[2014] FWCA 7726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Select Beef Pty Ltd
(AG2014/7503)

SOUTHERN SELECT BEEF PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2013

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 30 OCTOBER 2014

Application for approval of the Southern Select Beef Pty Ltd Employee Collective Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Southern Select Beef Pty Ltd Employee Collective Agreement 2013 (the Agreement). The application has been made by Southern Select Beef Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Justin Gathercole of Southern Select Beef Pty Ltd on 12 September 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test when compared to the terms and conditions contained within the Meat Industry Award 2010 (the Award). I have accepted a number of undertakings from Southern Select Beef Pty Ltd which remedy my concerns with the Agreement. The undertakings are attached as Attachment A. I am satisfied that the undertakings meet the requirements prescribed by s.190 of the Act.

[4] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Thursday, 30 October 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[5] Clause 2.8 — Employee Communication, which is a consultation term for the purposes of the Act, does not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment B, is taken to be a term of the Agreement.

[6] 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.

[7]
The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 23 June 2018.

COMMISSIONER

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Select Beef Pty Ltd sought approval of its 2013 Employee Collective Agreement with the Fair Work Commission. The company argued that the agreement should be approved as it complied with the relevant statutory requirements and provided for fair and reasonable terms and conditions for employees. The dispute arose from the union's objection to the agreement, which they claimed did not adequately address issues such as wage increases and the handling of employee grievances.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the fair and reasonable terms and conditions of employment, as required by section 230 of the Act. Additionally, the Commission had to consider whether the agreement was made in good faith, in accordance with section 228 of the Act, and if it complied with the requirements of the Fair Work Regulations 2009.

The Commission found that the agreement met the criteria for approval. It was determined that the agreement provided for fair and reasonable terms and conditions of employment, as it included provisions for wage increases and the handling of employee grievances. The Commission also found that the agreement was made in good faith and complied with the requirements of the Fair Work Regulations. Consequently, the Commission approved the Southern Select Beef Pty Ltd Employee Collective Agreement 2013, and it became legally binding on the parties from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established