Application for approval of the Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as the Ararat Abattoirs Slaughtering Section and Ararat Abattoirs Pty Ltd Agreement 2026 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Ararat Abattoirs Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7) of the Act.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Personal/ carers leave: Clause 5.2.1(b) of the Agreement provides that an employee must notify the employer of an absence on personal/ carer's leave by 8:30am or whenever practicable on the day of absence. However, s.107 of the Act provides that notice must be given as soon as practicable (which may be a time after the leave has started).

• Public holidays: Clause 2.2.5 of the Agreement provides that an employee is not entitled to payment for public holidays if absent from employment on any part of the working day before or after a public holiday except where such absence is by consent of the employer or on account of annual leave, personal/ carers leave, long service leave or workers' compensation. The NES does not provide such restrictions.

[4] However, noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] I note that the Agreement does not include a workplace delegates' rights term. As such, the workplace delegates' rights term in clause 31A of the Meat Industry Award 2020 is taken to be a term of the Agreement.

[6] The Australasian Meat Industry Employee Union (AMIEU) being a bargaining representative for the Agreement supports the approval of the Agreement and 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 the organisation.

[7] The Agreement is approved, and in accordance with s.54, of the Act will operate from 23 March 2026. The nominal expiry date of the Agreement is 9 March 2029.

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