//
[7]
austlii:cth/FWCA/2025/3228
General information, not legal advice.
FWCA
2025-09-23
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
BIG RIVER PORK AND AMIEU MEAT PROCESSING ENTERPRISE AGREEMENT 2025
Application for approval of the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Big River Pork and AMIEU Meat Processing Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Big River Pork Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] I observe that clause 34.1 concerning personal leave may not be consistent with the National Employment Standards (NES) in that it expresses the accrual of personal leave in hours when the NES provides for the entitlement to 10 days per year of personal leave. Further, I observe that clause 36 of the Agreement may be inconsistent with the NES in that it does not make clear the entitlement to public holidays declared or observed in the relevant state or territory. Noting clause 6 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] The Agreement does not contain a Delegates' Rights Term, as required by s 205A(1) of the Act. Under s.205A(2), 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 Employees Union (AMIEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMIEU.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 30 September 2025. The nominal expiry date of the Agreement is 23 September 2029.
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