Australasian Meat Industry Employees Union v Primo Foods Pty Ltd Summary

[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)]

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

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.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australasian Meat Industry Employees Union (AMIEU) applied to the Fair Work Commission under section 739 of the Fair Work Act 2009 to resolve a dispute with Primo Foods Pty Ltd, regarding the correct rate of pay for employees performing higher duties when on personal leave or public holidays. The dispute arose under the Primo Foods Pty Ltd – JBS Primo Wacol Enterprise Agreement 2019. Primo Foods Pty Ltd objected to the Commission's jurisdiction to hear the matter. The Fair Work Commission, under Deputy President Asbury, was tasked with determining whether it had the authority to resolve the dispute and, if so, to provide a decision on the merits.

The legal issue before the Commission was whether it had the jurisdiction to hear and determine the dispute as it related to the interpretation and application of the Enterprise Agreement. Primo Foods Pty Ltd contended that the dispute was not within the scope of the Commission's jurisdiction as it pertained to the interpretation of the Agreement, which was a matter for the parties to resolve through the internal dispute resolution mechanisms stipulated within the Agreement itself. The AMIEU argued that the dispute fell within the Commission's jurisdiction as it involved the application of the National Employment Standards (NES) to the facts of the case.

In its decision, the Commission found that it did have jurisdiction to hear the dispute. Deputy President Asbury concluded that the dispute involved matters arising under the Enterprise Agreement and the NES, which the Commission was empowered to address under section 739 of the Fair Work Act. The Commission dismissed the jurisdictional objection raised by Primo Foods Pty Ltd. The reasons for this decision will be provided in a separate document. The Commission will now proceed to determine the dispute on its merits, which will be communicated in a forthcoming decision.

The Fair Work Commission has determined that it has the jurisdiction to hear and determine the dispute. The Respondent's objection to the Commission's jurisdiction has been dismissed. The Commission will now address the substantive issues of the dispute, including the correct rate of pay for employees performing higher duties on personal leave or public holidays, as per the Enterprise Agreement and the NES. The final decision on the merits of the dispute will be provided in a subsequent document.

Australasian Meat Industry Employees Union v Primo Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established