Wangaratta Abattoirs Pty Ltd

[2020] FWCA 819

[2020] FWCA 819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wangaratta Abattoirs Pty Ltd
(AG2019/351)

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

Meat Industry
COMMISSIONER PLATT	ADELAIDE, 17 FEBRUARY 2020

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

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

[2] The matter was initially allocated to my Chambers on 10 May 2019 and the subject of an interim decision 1 on 26 July 2019 and an approval decision2 on 9 September 2019.

[3] My decisions were the subject of an Appeal 3 which was decided on 7 January 2020.

[4] The Appeal Bench determined that my decision to approve the Agreement was in error and remitted the matter back with to me for further consideration taking into account their commentary as to the correct interpretation of clause 31.2(f) of the Agreement and its interaction with the Award for the purposes of the better off overall test.

[5] The Applicant was given an opportunity to provide a revised undertaking to address the matters dealt with in the Appeal decision.

[6] The Applicant has submitted a revised undertaking in the required form dated 15 January 2020.

[7] In my view the revised undertaking satisfactorily addresses the matters raised in the Appeal, and in the first instance.
[8] 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 did not express any view on the undertaking.

[9] 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.

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

[11] 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.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 August 2021.

COMMISSIONER

 1   [2019] FWC 5166

 2   [2019] FWCA 5354

 3   [2020] FWCFB 41

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