NMP PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION VICTORIA MEAT PROCESSING AGREEMENT 2009 COMMISSIONER ROE MELBOURNE, 12 APRIL 2010

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1 [2010] FWAA 2888 DECISION Fair Work Act 2009 s.185 Approval of enterprise agreement Australasian Meat Industry Employees Union, The (AG2010/7667) NMP PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION VICTORIA MEAT PROCESSING AGREEMENT 2009 Meat Industry COMMISSIONER ROE MELBOURNE, 12 APRIL 2010 Application for approval of the NMP Pty Ltd and the Australasian Meat Industry Employees Union Victorian Meat Processing Agreement [1] An application has been made for approval of an enterprise agreement known as The NMP Pty Ltd and the Australasian Meat Industry Employees Union Victorian Meat Processing Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australasian Meat Industry Employees Union. The agreement is a single-enterprise agreement. [2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 1 April On 8 April 2010 I received a response to the queries which included a signed undertaking from Regina Pawlowicz, Administration Manager for NMP Pty Ltd, which was also signed by the employee bargaining representatives who signed the Agreement. That undertaking now forms part of the Agreement and is kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties. The undertaking which now forms a part of the Agreement is as follows: 1. That to avoid doubt clause 7.2 (Settlement of Disputes) shall also apply to any dispute relating to the National Employment Standards (NES). 2. The references in the Agreement to the Australian Industrial Relations Commission, or Commission, and to the Workplace Relations Act and clauses in that Act shall in each case be taken to apply to Fair work Australia and the Fair Work Act 2009 and the relevant clauses of that Act. 3. (a) To avoid doubt an employee can be stood down on account of breakdown of machinery in accordance with Clause only if the employer cannot be reasonably held responsible for the breakdown. 1

2 [2010] FWAA 2888 (b) Where waiting time is payable under clause 3.2, then stand downs for the reasons set out in clause 2.1.5(b) shall not apply. 4. The provisions of the National Employment Standards shall apply to all employees covered by this Agreement. In addition, where the Agreement provides more beneficial outcomes to employees, the additional provisions in respect to those matters in this Agreement shall apply to employees covered by this Agreement. Without limiting the scope of this undertaking, the following matters will apply: (a) in addition to clause 5.4, employees will have the right to reasonably refuse work on public holidays in accordance with the NES; (b) casual workers will have the right to unpaid compassionate leave notwithstanding clause 2.1.4(c)(iv); (c) (d) Community Service leave will apply; in the unlikely event that 7 day shift work is implemented, the additional weeks annual leave as provided for in the NES and the Award shall apply. [3] I am satisfied that the effect of the undertakings is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertakings is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives FWA is aware of have been consulted and support the undertakings. [4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. [5] The Australasian Meat Industry Employees Union 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. [6] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement [7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April The nominal expiry date of the Agreement is 18 August COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code G, AE PR995971> 2

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