Application for approval of the M.C Herd Pty Ltd and the Australasian Meat Industry Employees' Union Collective Agreement 2025.

[1] An application has been made for approval of an enterprise agreement known as the M.C Herd Pty Ltd and the Australasian Meat Industry Employees' Union Collective Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by M.C. Herd Pty Ltd Trading as M.C. Herd (the Applicant). The Agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 September 2025.

[3] The Agreement does not contain a delegates' rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates' rights term from the Meat Industry Award 2020 is taken to be a term of the Agreement. A copy of the workplace delegates' rights term can be found in Appendix 6 of the Agreement.

[4] I note that multiple clauses are inconsistent with the National Employment Standards (NES). The clauses are as follows:

• Casual/Daily Hire Termination (Clause 3.1.6(c))

• Warnings/Dismissal (Clause 3.5(a)-(c))

• Maximum Hours of Work (Clause 4.2.1(b))

• Termination (Clause 3.1.7)

• Public Holidays (Clause 6.5(d))

[5] Given the NES precedence clause at clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Applicant has provided written undertakings, dated 21 October 2025, and a copy is attached in Appendix 5 of the Agreement. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

[7] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

[8] 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.

[9] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

[10] 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 18 September 2029.

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