Australasian Meat Industry Employees Union v Primo Foods Pty Ltd

Case

[2023] FWC 310

6 FEBRUARY 2023


[2023] FWC 310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Australasian Meat Industry Employees Union
v

Primo Foods Pty Ltd

(C2021/4501)

DEPUTY PRESIDENT ASBURY

BRISBANE, 6 FEBRUARY 2023

Alleged dispute about any matters arising under the enterprise agreement and the NES; [s186(6)]

  1. The Australasian Meat Industry Employees Union (AMIEU) made an application to the Fair Work Commission (the Commission) pursuant to s. 739 of the Fair Work Act 2009 for the Commission to deal with a dispute under the dispute resolution procedures in the Primo Foods Pty Ltd – JBS Primo Wacol Enterprise Agreement 2019 (the Agreement). The Respondent to the dispute is Primo Foods Pty Ltd, the employer covered by the Agreement

  1. The dispute relates to the correct rate of pay for employees performing higher duties when taking a period of personal leave or on public holidays. The Respondent raised a jurisdictional objection to the determination of the dispute by the Commission.

  1. The Commission determines that the jurisdictional objection raised by the Respondent is dismissed. Reasons for Decision will issue separately.

DEPUTY PRESIDENT

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