DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia
(AG2021/6893)

MEATPAK CAVAN PRODUCTION EMPLOYEE ENTERPRISE AGREEMENT 2021

Meat Industry
COMMISSIONER PLATT	ADELAIDE, 8 SEPTEMBER 2021

Application for approval of the Meatpak Cavan Production Employee Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Meatpak Cavan Production Employee Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 September 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 7 September 2021. The undertaking deals with the following topics:

• The rates of pay for Level 1 and Level 2 employees have been increased to ensure the Agreement passes the better off overall test (BOOT).

• If a Level 1 or Level 2 employee works in a way which would attract a cold temperature allowance under the Meat Industry Award 2020 (the Award)which is greater than the Cold Allowance under the Agreement, the employee will, in respect of that day, receive the Award allowance rather than the Agreement allowance.

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] 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) of the Act I note that the Agreement covers this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 8 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thomas Foods International Australia Pty Ltd, trading as Thomas Foods International Australia, applied to the Fair Work Commission for approval of the Meatpak Cavan Production Employee Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for the employees of the company's Meatpak Cavan production facility. The Fair Work Commission was required to decide whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement contained provisions that were contrary to the "better off overall test" (BOOT) and whether it adequately covered the required "minimum terms and conditions" under the Fair Work Act. The Commission needed to assess whether the agreement provided employees with a genuine improvement in their overall terms and conditions of employment compared to the applicable awards and whether it included all the minimum terms and conditions mandated by the Act.

In reaching its decision, the Commission considered the evidence presented by the parties and the requirements set out in the Fair Work Act. The Commission found that the proposed enterprise agreement did indeed provide for improvements to the employees' terms and conditions of employment, satisfying the BOOT. It also confirmed that the agreement included all the minimum terms and conditions specified by the Act. Consequently, the Commission approved the Meatpak Cavan Production Employee Enterprise Agreement 2021.

The Commission's approval of the enterprise agreement means that it will now be legally binding on the parties involved, and the terms and conditions outlined within it will apply to the employees of the Meatpak Cavan production facility.

Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established