Tatura Abattoirs Pty Ltd Summary

[2022] FWCA 3770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tatura Abattoirs Pty Ltd

(AG2022/4271)

Tatura Abattoirs Pty. Ltd. and the Australasian Meat Industry Employees’ Union Collective Agreement 2022

Meat Industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 OCTOBER 2022

Application for approval of the Tatura Abattoirs Pty. Ltd. and the Australasian Meat Industry Employees’ Union Collective Agreement 2022

Tatura Abattoirs Pty Ltd has made an application for approval of an enterprise agreement known as the Tatura Abattoirs Pty. Ltd. and the Australasian Meat Industry Employees’ Union Collective Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Australasian Meat Industry Employees Union (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) and based on its declaration, I note that the Agreement covers the AMIEU.

The Agreement was approved on 27 October 2022 and, in accordance with s 54, will operate from 3 November 2022. The nominal expiry date of the Agreement is 18 May 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Tatura Abattoirs Pty Ltd, an employer in the meat processing industry, and the Australasian Meat Industry Employees' Union. The union represented the employees of the company, and the collective agreement in question was the Tatura Abattoirs Pty Ltd and the Australasian Meat Industry Employees' Union Collective Agreement 2022. The application for approval was brought under the Fair Work Act 2009, which requires that such agreements meet certain criteria to be validly approved.

The key legal issue before the Commission was whether the collective agreement satisfied the requirements of section 233 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was a "good faith" agreement and whether it met the criteria for "registerable" under the Act. The Commission also had to consider if the agreement provided for a fair and efficient resolution of workplace disputes and adequately protected the rights of employees and employers.

In making its decision, the Commission noted that the collective agreement contained provisions that were consistent with good faith bargaining and the principles of the Fair Work Act. The agreement provided for the establishment of a workplace dispute resolution procedure that was fair and efficient. Furthermore, the agreement contained provisions that adequately protected the rights of both employees and employers. The Commission was satisfied that the agreement was made in good faith and met all the criteria for registration under the Act. Consequently, the Commission approved the application and registered the collective agreement.

The final order of the Commission was that the Tatura Abattoirs Pty Ltd and the Australasian Meat Industry Employees' Union Collective Agreement 2022 be approved and registered under section 233 of the Fair Work Act 2009. The agreement would now have legal effect and be binding on the parties to the agreement, providing a framework for the resolution of workplace disputes and the regulation of employment conditions in the meat processing industry.

Tatura Abattoirs Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established