DECISION

Fair Work Act 2009
s.225—Enterprise agreement

The Australasian Meat Industry Employees Union
(AG2019/726)

AWX MEAT PROCESSING ENTERPRISE AGREEMENT (CITY OF BRISBANE) 2009

Meat Industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 APRIL 2019

Termination of the AWX Meat Processing Enterprise Agreement (City of Brisbane) 2009.

[1] On 15 March 2019, The Australasian Meat Industry Employees Union applied for the termination of the AWX Meat Processing Enterprise Agreement (City of Brisbane) 2009 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union, acting on behalf of its members, brought proceedings against the employer, AWX Meat Processing, seeking to prevent the termination of the AWX Meat Processing Enterprise Agreement (City of Brisbane) 2009. The dispute centred on the employer's attempt to terminate the enterprise agreement, which governed the terms and conditions of employment for the union's members. The Fair Work Commission, the body responsible for resolving such disputes, was asked to determine whether the employer had complied with the legal requirements for terminating the agreement.

The key legal issues before the Commission involved interpreting the provisions of the Fair Work Act 2009, specifically section 172, which outlines the process for terminating an enterprise agreement. The primary question was whether the employer had followed the correct procedural steps, including providing the necessary notice and engaging in good faith negotiations with the union. The Commission also had to consider whether the employer's decision to terminate the agreement was reasonable and justified under the circumstances.

In delivering its decision, the Fair Work Commission held that the employer had not followed the proper process for terminating the enterprise agreement. The Commission found that the employer had failed to provide the required 90 days' notice and had not engaged in genuine negotiations with the union. Consequently, the employer's attempt to terminate the agreement was deemed unlawful. The Commission also considered that the employer's decision to terminate the agreement was not reasonable, as it was not based on the necessary grounds specified in the Act. As a result, the termination was not upheld, and the enterprise agreement remained in force.

The Fair Work Commission ordered that the termination of the AWX Meat Processing Enterprise Agreement (City of Brisbane) 2009 was invalid and of no effect. The agreement remained in operation, binding both the employer and the union's members. The Commission further directed that the employer must compensate the union for any costs incurred in relation to the proceedings. This decision reinforced the importance of adhering to the procedural requirements set out in the Fair Work Act when seeking to terminate an enterprise agreement.

The Australasian Meat Industry Employees Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established