Tatura Abattoirs Pty Ltd

[2019] FWCA 8469

[2019] FWCA 8469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tatura Abattoirs Pty Ltd
(AG2018/5243)

TATURA ABATTOIRS PTY.LTD. AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION COLLECTIVE AGREEMENT 2018

Meat Industry
COMMISSIONER GREGORY	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Tatura Abattoirs Pty.Ltd. and the Australasian Meat Industry Employees’ Union Collective Agreement 2018.

[1] An application has been made by Tatura Abattoirs Pty Ltd (Tatura Abattoirs) under s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Tatura Abattoirs Pty.Ltd. and the Australasian Meat Industry Employees' Union Collective Agreement 2018 (the Agreement).

[2] The F17 Employer’s Statutory Declaration indicates that at the time the Agreement was made there were forty-nine employees intended to be covered. Forty of those employees cast a valid vote in the ballot to approve the Agreement, with all forty voting in favour. The declaration also indicates that Tatura Abattoirs is involved in the meat processing industry, rather than being a meat retail establishment.

[3] The application indicates that the Australasian Meat Industry Employees’ Union (the AMIEU) was a Union Bargaining Representative in the agreement making process. It provided a F18 Statutory Declaration which highlighted several areas where it claims the underlying Meat Industry Award 2010 1 (the Award) provides superior entitlements to those in the proposed Agreement. It referred to the following matters:

● the Award provides a 30 percent night shift allowance, whereas the Agreement provides for 25 percent;

● the Award limits the ordinary time span of hours for casual employees to Monday – Friday, whereas the Agreement extends the span to provide for Monday – Saturday;

● the Agreement proposed to exclude certain classifications from the double time entitlement for work performed on Sunday. The Award does not contain these exclusions.

[4] The Fair Work Commission (the Commission) also raised a series of matters with Tatura Abattoirs after reviewing the F16 application, the F17 Employer’s Statutory Declaration, and the terms and conditions contained in the proposed Agreement. A series of further exchanges then took place regarding these matters, and Tatura Abbatoirs subsequently provided a series of undertakings in response.

[5] It is also noted that there was an issue raised about whether Tatura Abattoirs considered itself to be a “meat processing establishment” or a “meat retail establishment” as variously defined in the Clause 3 - Definitions and interpretations of the Award. This issue is of some significance as some different conditions apply under the Award, particularly in respect to hours of work. Tatura Abattoirs subsequently confirmed to the Commission’s satisfaction that it is primarily a meat processing establishment. It is understood that this view is also shared by the AMIEU.

[6] It was subsequently decided that it was appropriate to set the matter down for hearing to enable further submissions and evidence to be provided about the respective positions of the parties. The hearing was conducted by telephone on 4 October 2019. Mr Justin Gathercole and Mr David Cunningham appeared in those proceedings on behalf of Tatura Abattoirs. Mr Jarrod Jones appeared on behalf of the AMIEU. It was agreed, in conclusion, that Tatura Abattoirs would now provide further draft undertakings for the Commission to consider.

[7] However, the AMIEU subsequently advised that while a number of issues had been addressed in the draft undertakings, it was not able to accept one of the proposed undertakings as it simply replicated provisions contained in the underlying Award, and did not deal with the issue that had been identified by the AMIEU in regard to satisfaction with the requirements of the better off overall test.

[8] Tatura Abattoirs has now provided revised undertakings in response to the issues raised by both the Commission and the AMIEU. It is also understood that the terms of these undertakings now meet with the approval of the AMIEU. I am also satisfied that they do not result in substantial change to the Agreement that was voted on and approved by the employees. I am also satisfied that they do not act to disadvantage any of those employees. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement.

[9] I am otherwise satisfied that each of the requirements in ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[10] The Australasian Meat Industry Employees’ Union, 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 20 December 2019. The nominal expiry date of the Agreement is 18 May 2022.

COMMISSIONER

Annexure A

 1   MA000059.

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