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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wangaratta Abattoirs Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Wangaratta Abattoirs Pty Ltd and the Australasian Meat Industry Employees’ Union Collective Agreement 2018. The application for approval of the agreement was opposed by the union, which argued that the agreement did not provide adequate protections for employees. The union argued that the agreement failed to provide adequate protections for employees in relation to redundancies, terminations, and other workplace issues. The commission was required to consider whether the agreement met the requirements of the Fair Work Act 2009.

The commission found that the agreement did not meet the requirements of the Fair Work Act 2009, as it failed to provide adequate protections for employees. The commission noted that the agreement did not contain provisions for redundancy payments, and did not provide adequate protections for employees in the event of termination. The commission also noted that the agreement did not contain provisions for adequate notice of termination, or for the payment of wages in lieu of notice. The commission concluded that the agreement did not meet the requirements of the Act, and therefore could not be approved.

The commission did not approve the agreement, and ordered that the agreement be returned to the parties for further negotiation. The commission noted that the agreement could be resubmitted for approval once it had been amended to meet the requirements of the Act. The commission also noted that the agreement could be registered as a “bare bones” agreement, which would provide some protections for employees, but not as many as a fully-approved agreement. The commission's decision provides an important reminder to employers and unions of the need to ensure that any collective agreement meets the requirements of the Act.

Wangaratta Abattoirs Pty Ltd

DECISION

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Legal Principle Established